Voort v. Farmers & Traders Bank

Because I cannot agree that the facts and circumstances afford proper support for the conclusion reached below and affirmed here whereby the plaintiff’s mortgage is made subordinate to that of the defendant bank, I must dissent.

Tt was admitted on the trial that plaintiff signed the satisfaction of the $11,000 mortgage the same day that the two mortgages were executed, but such satisfaction was not offered in evidence nor does the record disclose when, if ever, it was recorded.

Whether the plaintiff, then seventy-five years of age, having great trust and confidence in Mr. Mueller, who had dealt…