Myers & Marcus v. Picquet

Jackson, Justice.

In this case Matilda Picquet held the senior mortgage, but it was not recorded in time; Myers & Marcus held a junior mortgage, also not recorded in time, but recorded two hours before the senior was recorded. These mortgages contested for the proceeds of the property mortgaged, in the hands of the sheriff; the court below gave it to the senior mortgage, and the question is, is that judgment right ?

The Code, §1357, declares “ mortgages not recorded within the time required remain valid as against the mortgagor, but are postponed to all other liens created or obtained, or…