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Morse v. Curtis
Supreme Judicial Court of Massachusetts
2 N.E. 929 (1885)
Hall owned land. On August 8, 1872, he mortgaged it to the demandant (plaintiff). On September 7, 1875, he mortgaged it to Clark, who had actual notice of the earlier mortgage. The second mortgage was recorded on January 31, 1876. The first mortgage was recorded on September 8, 1876. Clark then assigned his mortgage to a tenant (defendant), who had no actual knowledge of the mortgage to the demandant. The two parties then asserted claims of title. The trial court entered judgment for the demandant, and the tenant appealed.
Rule of Law
Holding and Reasoning (Morton, C.J.)
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