Millick v. O'Malley

Bivas and Fernandez, co-owners of a tract of land, had given two mortgages covering the same to the Northwestern Hypotheekbank, and thereafter executed and delivered to one Scofield three promissory notes accompanied by another mortgage on the same property. Two of the notes were purchased from Scofield by Millick, and the mortgage securing their payment transferred to the latter. Scofield’s mortgage had been recorded, but no written as signment thereof was given to Millick, and he did not place of record any assignment of the mortgage to him.

After the execution of the mortgage to Scofield,…