Colby v. Dearborn

Both parties claim title to the demanded premises under Kimball C. Prescott. The plaintiff’s title is derived from a levy founded on an attachment made June 24,1873. The defendant's are in possession, claiming title under a mortgage executed by Prescott, February 14,1873, and recorded February 20,1873, more than four months prior to the date of the plaintiff’s attachment; and therefore if the mortgage is valid, the defendants are in possession under a title prior to the plaintiffs. The plaintiff contends that the mortgage is void for uncertainty in the description of the note secured by it,…