Ferguson v. Glassford

In this case it is conceded that the written ■discharge of the mortgage bearing date the sixth day of January, 1879, executed by. Archibald Maxwell and Ann Maxwell to John Allen, was placed upon record by mistake. The defendant George Glassford purchased the land from Maxwell on March 10, 1883, and the only question is whether he had .-actual notice that the mortgage was an existing incumbrance ■notwithstanding the record. To this question of fact most of the testimony was directed. The burden of proof was upon the complainant to establish the fact of notice-; and to the better understanding…