Phelan v. Brady

This action is brought to foreclose a ■mortgage made by John E. Murphy to the plaintiff on July :23, 1886, and recorded the next day. It is defended by .Margaret Brady, who avers that she is the owner of the ■.mortgaged premises, and that at the time Murphy gave the •mortgage to the plaintiff she was in actual possession as owner; that she purchased the premises in May, 1885, and she contends that her possession under an unrecorded deed was such notice as to put the plaintiff upon inquiry as to her title ; and that had lie made such inquiry he would have discovered her superior right; and…