Wilson v. Brabham

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action for foreclosure of a mortgage given by the defendant, Martha Brabham, to the defendant, People’s Bank, to secure the payment of a bond for $150.00, dated January 12, 1918, due October 15, 1918, recorded on the day of its execution, and assigned by the People’s Bank on October 13, 1918, to the plaintiff, George W. Wilson.

The facts are sufficiently stated in the Master’s report.

The authorities are in hopeless conflict upon the question whether or not a subsequent mortgagee can rely upon a satisfaction by the mortgagee of a…