Stephens v. Parker

Appellant is the record owner of a mortgage for twelve hundred dollars, made by respondents in favor of Joseph E. Thomas & Company on March 30, 1918, and assigned by the mortgagee to appellant on May 24, 1918, the assignment being recorded on May 25; but respondents never had any actual notice of any other creditor than Thomas & Company. The mortgage in question -was given to take up in part a previous mortgage for fifteen hundred dollars, the position of all three parties with reference to the former mortgage being the same as to the present one.

Joseph E. Thomas & Company were a real estate…