Brigham v. Brown

The bill in this case was filed to foreclose a mortgage given February 15, 1878, by defendant Brown to complainants, and recorded on the day of its date. No question is made of the lona fides of this mortgage, and the case turns upon a question of priority between the mortgage of complainants and one given by Brown to defendant Bindge, of the same land, for $1500. The Bindge mortgage bears date December 11, 1877, and purports to have been recorded January 1, 1878. It was shown by complainants, however, that at the time of the taking of their mortgage they applied to the register of deeds for…