Silver v. Kansas City, St. Louis & Chicago Railroad

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a judgment creditor, unlike a purchaser, does not take subject to a prior mortgage which has been improperly recorded
• noting purpose of New Hampshire’s recording statutes is to “provide notice to the public of a conveyance of or encumbrance on real estate[,]... [thus] serving] to protect both those who already have interests in land and those who would like to acquire such interests”
• improperly recorded mortgage would obligate bona fide purchaser to investigate beyond the record to determine whether a properly executed and acknowledged mortgage actually exists
• “The [recording] statutes serve to protect both those who already have interests in land and those who would like to acquire such interests”
• potential bona fide purchaser has duty to investigate, even if recording is defective

Source: CourtListener parenthetical corpus (CC0).