Bank of Ringgold v. West Publishing Co.

ON MOTION ROE REHEARING.

Guerry, J.

Under the Code, § 8-905, it is provided that “in a contest between attachments and ordinary judgments or suits, it is the judgment [on attachment] and not the levy which fixes the [priority of the] lien.” Code, § 67-108, provides for the recording of mortgages, conditional-sale contracts etc. Where such instrument is not recorded it “shall operate as a lien upon the property of the mortgagor only as against the mortgagor himself and those having actual notice of such mortgage.” Code, § 67-1401, provides that conditional sales of personal property, in order…