Opinion
February Term, 1898.
Judgment affirmed, with costs. All concurred, except Ward, J., who favored a modification in a memorandum.
I think the defendants East are protected by the Recording Act and want of notice, but there is satisfactory evidence that the defendant Palmer was in collusion with the mother of the plaintiffs in effecting the mortgage sale and vesting title thereunder in the mother to the mortgaged property which was conveyed by her immediately to the defendant Palmer in fraud of the rights of the plaintiffs, who were infants at the time, and the judgment should be so modified that it be reversed as against the defendant Palmer and the action be permitted to continue as to him.