Harvey v. James

*248Opinion by

Judge HiNes :

The complaint here is of that portion of the judgment below rescinding the sale made by appellant to appellee. The mortgage lien of Cummings on the mill property sold by appellant to appellees was clearly unknown to appellees at the time of their purchase. The inquiry is whether it was the duty of appellant, under the circumstances, to make known the existence of the mortgage, notwithstanding it was of record?

If appellant had reason to believe that appellees were' making the purchase of the mill property, believing the title clear of encumbrance, and they would not have…