Conley v. Campbell Printing-Press & Manufacturing Co.
Conley v. Campbell Printing-Press & Manufacturing Co.
Opinion of the Court
There is a single question in this case, viz. whether the attestation of a mortgage to a corporation, by an employé of the corporation, together with one other witness, can prove the execution of the mortgage so as to carry it properly to record. The attesting employé did not conduct the transaction out of which grew the debt that the mortgage was given to secure, although he extended the time of payment after the debt fell due, and took the mortgage, to secure it. That his attestation and proof of the execution of the instrument was sufficient to
The lien of the mortgage antedated the claimant’s title, and its record was notice to him of the plaintiff’s incumbrance when he made the purchase. There was no error in admitting the mortgage in evidence, over plaintiff’s objection. The decision of the court was demanded by the evidence, in the case.
Judgment affirmed.
Reference
- Full Case Name
- Conley v. The Campbell Printing-Press and Manufacturing Company
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- Published