State ex rel. Prager v. Recorder of Mortgages

In this case there is a conflict between a.privilege and -a mortgage. Samuel Johnson, one of the defendants, entered into a written contract with the Canal-Street and City Park Railroad Company to build their railroad. The contract was entered into and signed on the ■twenty-sixth of January, 1874, and was acknowledged before a notary ■public the same day. This written contract was recorded in the office of the recorder of mortgages on the thirtieth of May, 1875.

The mortgage of the company to William Henry is dated the thirtieth of August, 1875, and was recorded in the mortgage office on the…