John Hancock Mutual Life Insurance v. Chinn

The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment in a suit to foreclose a mortgage which covered a 240-acre farm. Judgment was taken against the principal obligor, who was record title holder, but foreclosure was denied as to one eighty-acre tract of the farm because a son of the mortgagor, who occupied the farm at the time the mortgage was executed, held an unrecorded deed to eighty acres of the mortgaged premises.

*805It appears that in 1918 and for many -years prior thereto the principal defendant, John T. Chinn, owned a 240-acre farm in Pratt county: On May…