Birkhead v. Kyle

Opinion by

Judge Rryor:

We perceive no reason for disturbing the judgment below in this case. It is conceded that all these parties were at the law office of Clemmons in 1874 to employ him to draft a mortgage and that by *43reason of some trouble in regard to the boundary the time was postponed for a short period. Whether there was one or two mortgages written is immaterial. It is certain that no mortgage was acknowledged or lodged for record on the 1st of October, 1874. Mrs. Birkhead and Clemmons think there was one written in October and that the clerk intimated that it was defective and for…