Connecticut Mutual Life Insurance v. Talbot

The questions for decision arise upon facts specially found by the court. Those facts, so far as they are material, are as follows: On May 3d, 1871, Talbot and wife executed a mortgage, which was afterwards duly recorded, to the Thames Loan and Trust Company to secure a loan of three thousand dollars, payable on the 3d day of May, 1876. On the 31st day of January, 1874, the same mortgagors executed another mortgage conveying the same property to William H. Morrison to secure another debt of three thousand' dollars. This last debt was evidenced by a promissory note payable to Morrison or…