Farmer v. Phillips

The question in this case arose on a rule to distribute money, and was decided by the judge of the court below, by consent, without the intervention of a jury, upon an agreed statement of facts. The facts were as follows: In the early part of January, 1912, J. L. Farmer sold to B. H. Holt a horse, and took a mortgage from Holt for the purchase-money. This mortgage was properly executed, and was recorded at once in Worth county. Subsequently Holt executed a second mortgage, covering this-horse, to one Phillips. The second mortgage was properly executed, and was recorded in Tift county. It was…