Florence v. Carr

THOMAS, Justice.

The assignment of errors presents the action of the trial court in setting aside the verdict of the jury and granting the defendants a new trial.

The important question of fact was whether Mrs. Caldwell was chargeable with constructive notice, at the time of making a loan secured by a mortgage on the property in question, of an unrecorded deed to said property held by appellants.

There are certain questions of law and fact that enter into a determination of the foregoing question: (1) The authorities are collected in Girard Fire & Marine Ins. Co. v. Gunn, 221 Ala. 654, 130 So.…