Shirras v. Caig
11 U.S. 34 (1812)

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U.S. Supreme Court

Shirras v. Caig, 11 U.S. 7 Cranch 34 34 (1812)

Shirras v. Caig

11 U.S. (7 Cranch) 34

Syllabus

A mortgage of land made by one who has a legal and equitable title to a moiety of the property which the mortgage purports to convey passes only his legal right, although he had a power from the person who held the residue of the legal, but not of the equitable, estate in the land, to sell and convey his right also, the mortgagor not having affected to convey, any part of it under his power from the other person, although his deed purported to mortgage the whole, and the equitable title not being in the person who gave the power.

A plat referred to in the deed as being annexed to it, but which was never in fact annexed and was not recorded with the deed, affords no evidence in aid of the description of the property mentioned in the deed.

A person cannot be charged with fraudulently secreting a deed who places it upon record as soon as the law requires.

It is not necessary to the validity of a mortgage that it should truly state the debt it is intended to secure, but it shall stand as a security for the real equitable claims of the mortgagees, whether they existed at the date of the mortgage or arose afterwards upon the faith of the mortgage, before notice of the defendant's equity.

Error to the Circuit Court for the District of Georgia by Shirras and others original complainants

Page 11 U. S. 35

against Caig & Mitchel, original defendants, in a suit in equity to foreclose a mortgage of a lot, houses, and wharf in Savannah called Gairdner's Wharf, which were in the possession of the defendants.

The mortgage was made on 1 December, 1801, by Edwin Gairdner, in his own name, and also as attorney for the defendant, Caig (but without any authority from Caig so to do), to secure the payment of

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