Morse v. Curtis

Hall mortgaged land first to the demandant in 1872 and then, in 1875, to Clark, who had actual notice of the earlier mortgage; the second mortgage was recorded in January 1876, while the first mortgage was not recorded until later that same year. Clark then assigned his mortgage to a tenant (defendant) who had no actual knowledge of the earlier mortgage, and when the parties both asserted title, the trial court entered judgment for the demandant (the holder of the earlier, though later-recorded, mortgage).