Odd Fellows' Savings Bank v. Banton

By the Court, Belcher, J.:

This is an appeal by the defendants Hammett and Kings-bury from a judgment foreclosing three mortgages, and the only question presented for determination in the case is as to the priority of the mortgage liens. The facts upon which the question arises are substantially as follows: On the 13th of January, 1873, the defendant Banton executed and delivered to the defendant Hammett a mortgage upon certain lands in the City and County of San Francisco, which was properly recorded in the office of the County Recorder of said city *606and county on the fifteenth of the…