Joseph McKenna

“ On the 29th of September, 1893, and prior to this maturity, the 'appellant the Arizona Lumber & Timber Company, representing that said mortgage was a first lien, sold, indorsed, and delivered the note and mortgage to the appellant the Northwestern National Bank.' It is this note and mortgage that are in controversy, and which are claimed as prior liens to the mortgages of appellees. The bank is found to be an innocent purchaser for value. ”

“ Nor are we embarrassed by considerations of the increase being in, or having passed out of, the 'period of nurture.' Such considerations are only important when a subsequent purchaser or mortgagee has taken without notice, actual or constructive, which we have seen the Northwestern National Bank did not. ”