Everett v. Hall

One Pearson purchased a shingle machine, giving the seller a note therefor and a mortgage on the machine to secure the same. The plaintiff is the assignee of the note and mortgage. On the day of the purchase, before the mortgage was recorded, Pearson sold the machine to the defendant under an agreement that the title should remain in Pearson until the machine was paid for, the defendant taking and keeping possession. Iff a few days thereafter the mortgage was recorded, before which something was paid towards the machine by the defendant, and he had fully paid Pearson therefor when this action…