Supreme Court of Judicature

Supreme Court of Judicature

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...shall be divided into five columns, headed as follows, to-wit: date of reception; names of grantors; names of grantees; description of lands; volume and page where recorded. And the recorder shall enter in said book, all deeds and other instruments left with him to be recorded; noting in the first column the day and hour of receiving such instrument, and the other particulars in the appropriate columns; and every such deed or instrument shall be deemed as recorded at the time so noted." The evidence shows that the recorder had so noted the mortgage upon his entry book, as required by the law, and it must, therefore, "be deemed as recorded," and no injury could have resulted to the relator by reason of any failure actually to record the mortgage. An examination of the entry book, which is as much a record required by the statute to be kept as any other book of record in that office, would have disclosed all the material facts, and given actual notice of the contents of the mortgage. The provision of the statute we have quoted renders it unnecessary that we should pass upon any of the points presented by the appellant's brief. The judgment is reversed, and a new trial ordered. Costs against appellee. N. It. Linsday and J. A. Lewis, for appellant. D. Moss, for appellee. Smith v. Fitzgerald. Smith V. Fitzgerald. Nuisance.--The statute provides for an action in favor of any person whose property is injuriously affected, or whose personal enjoyment is lessened by a nuisance, and, where a proper case is made, the nuisance may be enjoined or abated, and damages recovered. Injunctions.--Restraining orders and injunctions may be granted, under our statute, whenever it appears by the complaint that the jlaintiff is entitled to...show more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236811550
  • 9781236811554