Fidelity & Deposit Co. of Maryland v. Rieff

HaRT, C. J.,

(after stating the facts). No contention is made about the validity of the indebtedness of D. C. Horton, Inc., to H. F. Rieff, and no objection is made to the form of the mortgage to him. The mortgage to Reiff by D. C. Horton, Inc., was also prior in point of time to that executed on the same lots in favor of the Fidelity & Deposit 'Company of Maryland.

It is earnestly insisted, however, by the Fidelity & Deposit Company that the acknowledgment of the mortgage by D. 0. Horton, Inc., to Rieff vras not in conformity with the statute, and for lliat reason the mortgage to Rieff was not…