New England Mortgage Security Co. v. Ober & Son Co.

Blandford, Justice.

This was a contest for money in the hands of the sheriff arising from the sale of certain land under certain mortgage fi. fas. in favor of the defendants in error. The plaintiffs in error claimed the fund under a common law judgment, which judgment was obtained before the sale of the land. The contention here was that the mortgages were improperly recorded, having been witnessed by two persons, neither of whom was an officer authorized by law to witness mortgages, and having been admitted to record upon the affidavit of one of these witnesses, in which he stated simply that…