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LEVING v. WILL

1 U.S. 430 (1789)

1 Dall. 430

LEVING versus WILL.

Supreme Court of United States.

Attorney(s) appearing for the Case

The question was, whether a mortgage, not recorded within fix months, is good against the mortgagor? And it was argued on the 5th of January, 1788, by Wilson and Ingersol, for the Plaintiff; and Sergeant and Bradford for the Defendant.

The cause having been for some time under advisement, THE CHIEF JUSTICE delivered the opinion of the Court as follows:

M`KEAN, Chief Justice.

The judgment in this case depends upon the construction of the acts of Assembly 1 State Laws, pages 79. and 520.

It is to be premised, that the reason which induced the Legislature to make such acts as take away the common law, may be, and usually is, urged, as the rule...

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