Allen v. Adams

The Chancellor.

The question presented by this case is— " Can the defendant, under an agent’s duty to secure for the complainant the recordation of a mortgage lien, refuse to perform that duty for fourteen days, at the end of that time obtain á judgment note in his own favor, and then, holding the complainant’s mortgage and his own note off the record for over six years, surrender possession to his principal of the mortgage, within five days thereafter enter judgment on his own note ahead of the mortgage later entered, and retain the advantage thus gained?

The answer to this question may be one…