Farmers & Merchants State Bank v. White

The opinion of the court was delivered by

Allen, J.:

This was an action to foreclose a mortgage. From a judgment in favor of the plaintiff, one of the defendants, Clara White, brings this appeal.

The appeal presents the question of priority between a deed and a mortgage.

J. W. Higgins, a widower, was the owner and in possession of the eighty acres of land in controversy. On June 2, 1930, Higgins executed and delivered a mortgage on this land to the plaintiff bank to secure a note of $3,500, of the same date, due two years after date. This mortgage was recorded on June 5, 1930. This action was…