Toland v. Corey

24 P. 190 (1890)

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Nature of the Case

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Facts

Appellant owned a life estate in the premises and her son owned a remainder. The son conveyed his interest to Toland, the husband of appellant and he conveyed the same to her. The deeds were not recorded until the mortgages mentioned herein were given and recorded. The son and appellant gave a mortgage on the premises to Doon for $350. The son also gave two other mortgages to Doon for $150 and $117.75 without knowledge of appellant and after she acquired the fee on the premises. The son then also gave two other mortgages to respondents to secured debts due them from him. All of these mortgages were duly recorded before the fee in the premises to appellant was recorded. Doon sued to foreclose. The issues developed at trial were whether Doon had actual notice of the fee to the appellant.