Johnston v. Shortridge
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The plaintiff in failing to register and record his mortgage was guilty of negligence so gross as to constitute fraud upon those subsequently dealing with and acquiring said property, and neither law nor equity will aid him as against such subsequent owners.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The plaintiff in failing to register and record his mortgage was guilty of negligence so gross as to constitute fraud upon those subsequently dealing with and acquiring said property, and neither law nor equity will aid him as against such subsequent owners. And, if plaintiff withheld said mortgage from record in order to give the grantors credit, as testified by Shortridge, one of plaintiff’s witnesses, then plaintiff thereby waived all rights as against such subsequent purchasers. Bank v. Housman, 6 Paige, 526-7; Blenner has…
1Opinion of the CourtNorton, C. J.
On the twenty-ninth day of April, 1872, plaintiff owned two hundred acres of land, de_ *230scribed in the petition, situate in Macon county, and on that day conveyed, by deed of general warranty, all said land to Eli C. Shortridge and Charles Gf. Epperson, which deed was not recorded till the ninth day of August, 1878. At the time said deed was made, said Shortridge and Epperson, to secure to plaintiff two notes for the balance of the purchase money, amounting to $4,140, executed a deed of trust conveying the same land. This deed of trust was never recorded. On the tenth of January, 1873, said…
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