Rhoades v. Canfield

1 Sarat. Ch. Sent. 1051

Opinion

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.