Gausen v. Tomlinson

The Chancellor.. On the 1st day of December, 1870, James H. Carpenter conveyed the mortgaged premises to the defendant, Tomlinson, and received for part of the consideration two mortgages, one for $500, and the other for $1000. Each recited that it was given for part of the consideration. Both were left at the county clerk’s office for registry on that day — the one for $1000 at 10 o’clock A. ii., the other at 2 b. m., and were registered in that order. On the 3d of February, 1871, Carpenter assigned the mortgage for $500 to Henry McDonalds, and endorsed on the bond which it was given to…