Oats v. Walls

Oats brought replevin for certain cotton in the possession of Walls; the particular cotton, its value, its possession by Walls, etc., were agreed upon. The only question was the rights of the parties under certain mortgages from Aleck Bennett.

In June, 1870, said Bennett duly executed a deed of mortgage to the appellant Oats, upon the cotton in controversy.

On the 28th of that month the appellant took this and certain other mortgages of his to the proper clerk’s office to have them recorded. He found Calvert, a young man, alone in charge of the office; he did not know the clerk or his deputy,…