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: |
|