Ohio Life Insurance & Trust Co. v. Ledyard
Supreme Court of Alabama
Appeal from the Chancery -Court of Mobile. These causes were heard together, and present the following state of facts. In 1836, Ledyard sold to Sayre, Converse & Co., and Rufus Greene, a lot of land in Mobile, and received a mortgage to secure the payment of the purchase money, but failed to have it recorded.
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Appeal from the Chancery -Court of Mobile. These causes were heard together, and present the following state of facts. In 1836, Ledyard sold to Sayre, Converse & Co., and Rufus Greene, a lot of land in Mobile, and received a mortgage to secure the payment of the purchase money, but failed to have it recorded. All of the purchase money has been paid, except about $2,000. After the forfeiture of the mortgage, Greene conveyed his interest to R. G. Gordon, who conveyed to Henry Meyers, who conveyed to James West. Converse conveyed his interest’ to Sayre, who conveyed to the Bank of Mobile, an…
1Opinion of the CourtOrmond, J.
The controversy in this case, arises between a mortgagee ofland, who failed to record his mortgage, and others claiming the same lands by subsequent conveyances from the mortgagor, without notice of the previous mortgage.
The unregistered mortgage was made by Sayre, Converse & Co., to Ledyard, in April, 1836, and the mortgage of the same parties to the Bank of Mobile, in August, 1837. The President of the Bank has been examined as a witness, and admits that the Bank, after it obtained the mortgage, and possibly at the time, knew there was a. previous incumbrance on the property, but does not…
2Cases cited4 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Toulmin v. HamiltonSupreme Court of Alabama · 1845
- Bank of Mobile v. HallSupreme Court of Alabama · 1844
3Cited by40 opinions
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Donald & Co. v. HewittSupreme Court of Alabama · 1859
- Hunter v. WatsonCalifornia Supreme Court · 1859
- Knighton v. CurrySupreme Court of Alabama · 1878
- Wilson v. HoltSupreme Court of Alabama · 1887
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