Garris v. Commercial Credit Company

(dissenting) : I agree with his Honor, Judge Johnson, in directing a verdict in favor of the Commercial Credit Company, upon the ground that the description of the mortgaged property, in the mortgage of Hartzog, was too' indefinite to constitute constructive notice by recording.

The contest is really between the Commercial Credit Company and Hartzog as to the priority of their respective mortgages. The question between them is not so much one of constructive notice by the recordation, as it is of the propriety of recording Hartzog’s mortgage at all.

It appears that one Asendorf was a dealer in…