M. & J. Finance Corp. v. Hodges

The plaintiffs chattel mortgage was executed 30 September 1948 but was not registered until 26 October 1948. The automobile was seized under execution on defendants judgment 22 October 1948. Thus on the date of seizure under execution, plaintiffs mortgage was not of record. Which party holds the prior lien? This is the one question posed by this appeal. Our decisions answer in favor of defendants.