Select Cases And Other Authorities On the Law of Property volume 6
Select Cases And Other Authorities On the Law of Property volume 6
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" We are also cited to McLaren v. Thompson, 40 Maine, 284. This case and Handley v. Iloice, 22 Maine, 560, are, as they seem to us, confirmatory of our position. The Statute required "a noting on the book and on the mortgage of the time when the same was received. " The court (40 Maine, 284) says: "As there is an interval, longer or shorter as the case may be, between the delivery of an instrument to be recorded, and the recording of the same, the object ot the above pro- vision of the Statute ...is to protect the grantee, during the lime between the noting and recording. The Statute, it will be seen, required the noting both on the mortgage and the book ; and provided that the in- strument '• should be considered as recorded, when left with the clerk as aforesaid. " It was held, that a noting on both was essential to make it constructive notice against an attachment levy. Handley v. Howe, 22 Maine, 560. The analogies of the law support our view. Thus, an undocketed judgment is no notice.
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