Bryant v. Davis

1. W. A. Thomas executed a mortgage on certain land to Lewis Davis, and subsequently executed a deed conveying the same land as security for debt to C. S. Bryant. In a contest between the holder of the mortgage and the holder of the *532security deed, it was contended that the security deed should prevail, on the ground that the mortgage, though recorded before execution of the security deed, was improperly recorded and that the record thereof was insufficient to charge notice, and that the holder of the security deed received it without actual notice of the execution of the mortgage. The ground…