Any instruments first registered or noted for registration shall have preference over one of earlier date, but noted for registration afterwards; unless it is proved in a court of equity, according to the rules of the court, that the party claiming under the subsequent instrument had full notice of the previous instrument.
Code 1858, § 2074 (deriv. Acts 1831, ch. 90, § 6; 1841-1842, ch. 12, § 2); Shan., § 3751; Code 1932, § 7667; T.C.A. (orig. ed.), § 64-2605.
Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 98.
Tennessee Jurisprudence, 19 Tenn. Juris., Mortgages and Deeds of Trust, § 20; 21 Tenn. Juris., Recording Acts, §§ 5, 13, 15.
Law Reviews.
Recent Decision, The Tennessee Court of Appeals Interprets the Tennessee Recording Statutes, Gregg v. Link, (1989), 56 Tenn. L. Rev. 777 (1989).
Attorney General Opinions. To the extent that it conflicts with the Uniform Administrative Procedures Act (UAPA), T.C.A. §67-1-105(d) is superseded by the UAPA, OAG 02-071, 2002 Tenn. AG LEXIS 76 (5/29/02).