Neslin v. Wells
104 U.S. 428 (1881)

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U.S. Supreme Court

Neslin v. Wells, 104 U.S. 428 (1881)

Neslin v. Wells

104 U.S. 428

Syllabus

1. By the laws of Utah in force in the year 1873, a mortgage of lands which is first recorded, if it be taken without notice of an elder mortgage, is entitled to precedence of lien.

2. It is only when the equities are equal that the maxim qui prior est tempore potior est jure applies.

The facts are stated in the opinion of the Court.

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