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1 Sarat. Ch. Sent. 1051

Rhoades v. Canfield

Saratoga Chancery Court

Decided January 5, 1841

Saratoga Chancery Court · decided 1841-01-05

<p> Mortgages to trustee—Left simultaneously for record—Priority. </p>

Decided 1841-01-05

¶1Decided 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.

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