Buffalo Savings Bank v. Tuott

Plaintiff holds a mortgage against property of defendant Tuott. Defendant Wagner has a judgment against him. Sometime before he made the mortgage, defendant Tuott filed a petition in voluntary bankruptcy, in which he listed the judgment held by Wagner. Thereafter, upon the return of an order to show cause obtained by defendant Tuott, directed to and served upon judgment creditor Wagner, an order canceling the judgment of record was granted and entered. It was after this that the mortgage was given so that at' the time of its execution and recording the records in the county clerk’s office…