Donald v. Beals

McKee. J.:

This case arises out of an action in equity, to obtain a decree that a mortgage, given by the defendant Beals to the plaintiff, is entitled to priority of lien over a mortgage given by him to the defendant Newell, which has been assigned to the defendant Crane, and to compel the recorder of San Mateo County to correct the date of the record of the first mortgage.

The Court below found in favor of the plaintiff, and from the decree, and an order denying a new trial, the defendant Crane brings the case before us on appeal.

It appears, by evidence in the transcript, in which there is no…