R. P. Harris Motor Co. v. Bailey

ANDERSON, O. J.

The plaintiff had a prioi- mortgage on the truck in question to that of the defendant, and, as the same had been recorded, the defendant had constructive notice of same. The plaintiff’s mortgage described a Ford truck of a certain motor number, and the number so. appeared when plaintiff took his mortgage, but before defendant took its mortgage, the mortgagor removed the motor and placed one of another number in the truck. It is suggested, however, by counsel for appellant that defendant should not be charged with notice of plaintiff’s mortgage, for the reason that the motor…