Johnson v. Abbe

The opinion of the court was delivered by

Johnston, C. J.:

The main question presented on this appeal is whether or not a recital in an instrument of conveyance constituted notice to a purchaser of an outstanding unrecorded mortgage.

There is little dispute as to the facts upon which the issue depends. Binnie, who owned a tract of land, conveyed it to Roberts, taking a mortgage thereon to secure the payment of $2,700 of the purchase money, which was recorded. Roberts conveyed the land to Watts, subject to the mortgage for *659$2,700, taking a second mortgage of $1,502.50 for part of the purchase…