(dissenting) — I dissent. The mortgage, because not recorded during the lifetime of the mortgagor, never had any validity as against creditors. The facts, therefore, present a case where one creditor, with the consent or connivance of the administratrix of the estate, has taken the property of the estate to the exclusion of the other creditors. This act was wrongful, and I can see no reason why the injured creditors may not recover against the wrongdoer in this form of action.