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Rhoades v. Canfield

1 Sarat. Ch. Sent. 1051 Court Saratoga Ch. Ct. Decision date 1841-01-05 English

Contents

Majority

p. 1051
Julius Rhoades, Trustee, et al., v. Phinehas Canfield et al.

Headnote

Mortgages to trustee—Left simultaneously for record—Priority.
J. Rhoades for complainants.
A. Dana for defendants.

Decided that the loss upon the two mortgages, taken at the same time to J. Porter as trustee, must be sustained ratably by the ces-tuis que trust, notwithstanding one mortgage ■was recorded a few moments before the other; as the trustee was not a bona fide mortgagee without notice, so as to make the time of recording material.