Deming v. State ex rel. Miller

This was a suit to foreclose a mortgage, bearing date April 23, 1853, given by B. 0. Deming, upon certain real estate to secure a loan of school funds. At the time the loan was made there was a prior incumbrance by mortgage upon the lands, of which fact the county auditor had notice by the borrower’s affidavit of title. The mortgage sued on was never acknowledged or proved, as our general laws require to admit a mortgage to record, but it was nevertheless recorded in the office v of the recorder. Hester Deming, after the mortgage was given and recorded, but without any actual notice thereof,…