Cox v. Guaranty Bank & Trust Co.

Opinion of ti-ie Court by

Chief Justice Sampson—

Affirming.

This appeal presents a question of priority between mortgagees of land.

One Wills borrowed $7,500.00 from appellee Guaranty Bank & Trust Company, of Lexington, on March 1, 1920, and to secure this sum mortgaged to the trust company a tract of 81 acres of land lying in Payette county. This mortgage, bearing date March 1, 1920, was not recorded until several months, later. On March 7th, 1921, Wills mortgaged the same land to appellant Cox to secure an indebtedness of $1,670.10, and this mortgage to Cox was immediately recorded in the…