A. J. Lyon & Co. v. Carr

Stripped of all nonessential technicalities, the question arises in this case: Did appellant accept its deed of trust with notice, that appellee held a prior deed of trust on the same land1?

The essential facts necessary for an understanding of our decision are these: J. H. Williams purchased of J. F. Carr a tract of land, and gave a deed of trust to Carr on said land to secure a series of notes, payable annually, for the purchase price. This instrument was duly recorded. A- forty-acre tract of the land was erroneously described in the deed of trust as being in the Southwest quarter of a…