The American Decisions Volume 25; Cases of General Value and Authority Decided in the Courts of Several States (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 Excerpt: ...which she had already mortgaged to another, without disclosing to him that fact. The legal title to the land was in Catharine Tillinghast at the time of the ex-ecution of the mortgage, and there is no pretense that Mrs. Hughes had any information as to the manner in which she had paid for the land, at (he time the loan was made, and the mortgage given to seoure (he same. If this had been otherwise, I am inclined to think (here might have been a prior equity in favor of the defendant, Charles Tillinghast, to the extent of his share of the assets of the estate of his father, which were applied to the payment of the first installment of the purchase money of this particular portion of the Seneca lands. This, however, would be but a very small portion of the value of the premises, as the mother was the owner of one third' of the assets in her own right, and the brothers and sisters of Charles were entitled to share with him in the residue. The complainants' mortgage is a valid lien upon (hat part of the premises conveyed to Charles Tillinghast, unless, upon the facts diclosed, he is to be considered a bona fide purchaser without notice, within the meaning of the recording act. The object of the registry'and recording acts was to protect those who should part with their money, property, securities, or other valuable rights, upon the faith of a conveyance or mortgage of real estate, supposing that they were getting a good title thereto, or a legal and specific lien thereon; and without notice, or having any reason to b-lieve, that there was any previous mortgage or conveyance which could defeat such title or lien. The English registry acts made the unregistered deed or incumbrance at law wholly inoperative and void, as against a subsequent grantee or incumbr...