Lyon v. Perry

Suit to foreclose a mortgage. The mortgaged premises had been purchased by another of the mortgagor, and the purchaser was made a party defendant with the mortgagor.

The complaint did not allege that the mortgage had been recorded, nor that the purchaser bought with notice. But these facts were proved without objection on the trial, and the Court found, therefore, that the mortgage was valid against the purchaser.

It was objected on the trial that the original mortgage, instead of the recorded copy, should be introduced to prove the contents of the mortgage, but there was no objection to the…