Allen v. Exchange National Bank

March 10, 1896, T.R. Allen mortgaged the land in controversy to appellee bank, though he had already in August, 1894, conveyed it to his son, T.F. Allen, who was in possession when the mortgage was executed and recorded, but whose deed had never been placed on record, the title appearing on the face of the deed records to be in T.R. Allen. The mortgage was given to secure a pre-existing debt, but it took the place of personal security released at the time of its execution. The mortgagee had no knowledge of the unrecorded deed to T.F. Allen until long after the mortgage was executed, but…