Busey v. Reese

Bartol, G. J.,

delivered the opinion of the Court.

On the 5th day of October, 1870, Eichelberger borrowed from the appellee three hundred dollars, and on that day executed a mortgage of certain leasehold property, to secure its payment, the mortgage was, after its execution, handed to Eichelberger, who promised to have it recorded but failed- to do so, retaining it in his own possession till the 29th day of October, 1870, when *267at 12J o’clock P. M., it was recorded. In the meantime, on the 25fch day of October, 1870, Eichelberger executed to the appellant, an absolute deed of conveyance of the…