D'Meza v. Generes

The contest in this case is between the plaintiff, a judicial mortgagee, whoso judgment was rendered upon a claim originating in 1867, and was recorded November 26, 1869, and the defendant, Generes, a conventional mortgagee, whoso mortgage was executed and recorded in the year 1862. The allegation, upon which 'the plaintiff attacked the security of Genérés was, that the consideration of tho mortgage given to the latter was illegal, and contrary to public, policy; being a loan by Genérés to Beverly, the common debtor, of $8000 in Confederate treasury notes. This allegation was not established,…