Boswell v. Land

Action of statutory ejectment by appellee. Both parties claimed through mortgages executed by a common mortgagor. Appellee’s mortgage antedated appellant’s; appellant’s mortgage was first on the record; evidence for appellee went to show that appellant, when taking his mortgage, had actual notice of appellee’s; but, as to that, the evidence was in conflict. Both mortgages had been foreclosed.

Appellee showed that on a former trial of this cause his muniments of title had been left with the clerk of the court. The clerk’s file showed a receipt for the papers by appellee’s attorney, and the…