State ex rel. Fehrenbach v. Logan

Tliis is an action on the official bond of the recorder of deeds of Jasper County, and is the sequence of the decision of this court in Wilkins v. Fehrenbach, 180 S. W. 22. We held in that case that a mortgage or deed of trust did not lose its force and priority as a lien against the real estate conveyed by reason of a wrongful release of the same on the margin of the record by one not owning the secured note and not producing and having such note cancelled as required by section 2844, Revised Statutes 1909, notwithstanding the recorder had permitted such release to be made and had certified…