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43.1523 Priority among executions.

Cite as [A.S.C.A. § 43.1523]

Every officer receiving an execution issued in due form by any court shall note thereon the day and hour of its receipt and shall give priority in levying upon property of a defendant in execution, to the executions received by him according to the order in which they are received.

History: 1962, PL 7-36.

Case Notes:

Inasmuch as 1) the holder of an unrecorded or deficiently recorded mortgage could acquire a lien superior to any right of prior unsecured creditors of the mortgagee by properly recording his mortgage, 2) a judgment creditor would appear to be an unsecured creditor until the moment he gives his writ of execution to the marshal, and 3) the American Samoa statute clearly seems designed to make actual knowledge a complete substitute for the constructive knowledge provided by recordation, a mortgage holder's interest would have priority over a judgment creditor the moment that the judgment creditor found out that the mortgage existed, if the deficiency in the mortgage has arisen from nonrecordation or improper recordation. A.S.C.A. § 43.1523. Diocese of American Samoa Pago Pago v. K.M.S.T., Inc., 18 A.S.R.2d 67 (1991).

As between two judgment creditors, the one who first levies upon the property has priority, irregardless of the order in which the judgments were obtained. A.S.C.A. § 43.1523. Diocese of American Samoa Pago Pago v. K.M.S.T., Inc., 18 A.S.R.2d 67 (1991).

A judgment creditor's lien attaches at the moment he gives his writ of execution, duly issued and describing specific property, to the marshal or other officer who will enforce it. A.S.C.A. § 43.1523. Diocese of American Samoa Pago Pago v. K.M.S.T., Inc., 18 A.S.R.2d 67 (1991)

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