Morse v. Curtis

1885

Court: MA Supreme Court

Facts: Hall mortgaged his land to Morse, who failed to record. Then he mortgaged it to Clark, who knew about the other mortgage and recorded his own. Then Clark mortgages to Curtis, who didn't know about the other mortgage.

Posture: A "writ of entry."

Issue: Whose title reigns supreme?

Holding: Curtis wins.

Rule: Recorded deeds are the ones that count.

Reasoning: We follow precedent. You shouldn't have to do a complete title search: you should be able to trust the last recordation.

Dicta: