Jensen v. Bryson

REYNOLDS, Chief Justice.

This appeal from an order temporarily enjoining a sheriff’s sale of realty under execution poses this question: is an equitable title to realty vesting before the recor-dation of a judgment lien given preference over the creditor’s rights granted by the recording act? Concluding that it is, we affirm.

The facts developed by the documentary evidence and the testimony are not disputed. In brief, the operative facts are that until 27 August 1980, Terry A. Lomax was the record title owner of Lot No. 5 in Block No. 6, May’s Ranches Unit No. 5, an addition to the City of…