Bowen v. Kelbaugh

Bond, O. J.,

delivered the opinion of the Court.

The question in this ease is: When, after a mortgagee has assigned the mortgage, the mortgagors in igjnoranee of it continue paying him interest, .and, finally, pay him the principal, and he dies without turning the money so paid over to the assignee, who as between mortgagors and assignee shall hear the loss?

Albert J. Long, an attorney, lent two thousand dollars for Samuel 0. Bower to Kelbaugh and wife on the security of a mortgage of laud which Long was selling them, and immediately assigned the mortgage to Bo>wer, and delivered the paper to…