[Assignments not filed and approved; effect.]

Checkout our iOS App for a better way to browser and research.

Any such assignment not filed in the office of the commissioner of public lands and approved by him shall be void as to subsequent assignees, whether for collateral security or otherwise, and as to holders of subsequent relinquishments, without notice, as to judgment or attaching creditors, from the date of the entry of such judgment or levy of such attachment, as to trustees in bankruptcy, from the date of the adjudication in bankruptcy, as to receivers, from the date of filing of the order of appointment and as to assignees for the benefit of creditors, from the date of the recording of the assignment.

History: Laws 1933, ch. 126, § 4; 1941 Comp., § 8-839; 1953 Comp., § 7-8-42.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Intent of legislature. — This section shows the clear intent of the legislature that the property interest in a lease of state lands be subject to the ordinary processes and remedies of which a judgment creditor may avail himself. 1955 Op. Att'y Gen. No. 55-6337.

Priorities. — This section establishes the respective priorities of ordinary assignees and holders of relinquishments, on the one hand, and judgment creditors, attaching creditors, trustees in bankruptcy, receivers and assignees for the benefit of creditors on the other. 1955 Op. Att'y Gen. No. 55-6337.


Download our app to see the most-to-date content.