Page:Federal Reporter, 1st Series, Volume 1.djvu/764

 756 FEDERAL REPORTER. �bis claim filed a bill in this court against the assignee in bankruptcy. �The latter thereupon filed bis bill in this case, praying, inter alia, that the defendants might interplead in respect to said bond and mortgage, and settle their conaicting claims. The defendants having severally answered the bill, there was a decree of interpleader and an issue was formed between them. �The case was eventually heard upon a master's report, and exceptions thereto, and the testimony taken by him. �The material facts are as follows : The bond and mortgage in question were given by Hamilton Lacock and wife to Gill, for money borrowed to pay off another mortgage against the Lacocks, held by Mrs. Eliza Lewis. Prier to making the mortgage, Gill told Hamilton Lacock he was getting the money from King, and he informed him he had got it from King. Gill paid off the Lewis mortgage, and therefore there is no question as to the liability of Lacock and wife upon the mortgageî the subject of this controversy. This mortgage bears date March 3d, and was aoknowledged March 8th, and was left for record April 3, 1877. �About March 13, 1877, the Eev. Matthew M. Pollock gave to Gill $1,000, to be invested in a mortgage. No particular mortgage was then mentioned, but in a few days thereafter Pollock called on Gill for an assignment, when Gill said he would send it by mail, and mentioned the property the mort- gage was on and its amount, which statements corresponded with the assignment afterwards sent to Pollock. On April 9, 1877, Gill mailed to Pollock, whose post-office address was JoUy, Ohio, a written assignment bearing that date, and exe- isuted under the hand and seal of Gill. This paper, after reciting a mortgage from Hamilton Lacock and wife to S. B. W. Gill, dated March 3, 1877, l'ecorded in Mortgage Book, vol^ 227, p. 151, for $3,200, with a brief but correct description of the premises, assigns to Pollock "$1,000 of the money secured by the above stated mortgage, with interest thereon from March 30, 1877." This assignment reached Pollock in due ■course of mail, to-wit, in about four days. He did not pro- ��� �