Childs v. Stoddard

This is a bill in equity, and the facts mate- 1 rial for the decision of the case are few, and may be briefly stated.

The defendant Lesure was the owner of the estate in question, and, on July 20,1875, made a mortgage to the plaintiff to secure the payment of a note of $1200. This mortgage was erroneously dated July 20, 1870, and was recorded in September 1875. Lesure made a second mortgage to the defendant Stoddard of the same premises on July 15, 1876, to secure the payment of a note of $800, which was duly recorded in August following. By an agreement between the plaintiff and Lesure, and…