Bell v. Canal Bank & Trust Co.

LE BLANC, Judge.

A rehearing was granted in this case in order that further consideration might be given to one of the points involved in the main issue that is presented. Stated in the form of a question, the point is: Does the rule of law which affords protection to the purchaser of property dealing on the faith of the public records apply in a case where the purchaser’s title grows out of a sale under mortgage and it is shown that the mortgagor himself was not in possession of the property at the time he granted the mortgage? In this case the inquiry on the question of possession may be…