Maine v. Waterloo Savings Bank

One Campbell owned an undivided one-fifth interest in a certain property known as the Plaza Theater. On December 28, 1915, Campbell and his wife executed and delivered to appellant bank a warranty deed to said undivided one-fifth interest in said premises. Said deed has never been recorded. The deed was given as security for an indebtedness of some $15,000 which Campbell owed the bank, and which is unpaid. It was, in effect, a mortgage. In 1921, the Plaza Theater was damaged by fire. Appellee repaired the same. It seems that he had an agreement with the several tenants in common that he…