Bloch v. Egert

This was an action of replevin, the dispute being between two chattel mortgagees, as to priority of the respective mortgages. The trial was without jury. The judge found, and *446the evidence justified him in finding, that plaintiff’s mortgage, though dated on September 30th, was in fact executed and delivered on the afternoon of September 29th, to the knowledge of the defendant, and recorded at ten-fifty-two on the morning of the 30th; and that defendant’s mortgage was executed on the morning of the 30th and recorded on that day at ten-eight a. m., shortly before plaintiff’s mortgage. It is not…