Perry herrick v attwood (1857)
Created by 121.1.18.242 on 29 December 2009, at 08:18
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(1857) 2 DeG&J 21. A Mortgagee left the title deeds to the mortgaged property with the Mortgagor, so that the mortgagor could obtain a further Mortgage on the same property. It was agreed that the second mortgage would have priority to the first. In fact, the mortgagor obtained two further mortgages, and eventually defaulted on all of them. The first mortgagee claimed that his mortgage had priority over at least the third mortgage, if not the second, because it was the earliest, and had been created by deposit of title deeds. The court held, however, that the mortgagee had lost his priority by his careless handling of the deeds. See PriorityOfMortgages for more information.
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