Opinion
DECEMBER TERM, 1797.
SCIRE facias on a mortgage. The mortgage had not been recorded, conformably to the act of assembly; and Lockart had purchased the premises. But, on the trial, the plaintiff proved, that Lockart knew of the existence of the mortgage at the time of his purchase, and said he would have to pay it, although it was not then recorded.
The case is too plain for controversy. The plaintiff must have a verdict; and all the trouble of the jury will be to calculate the interest.
Verdict for the plaintiff.