Dayton v. McAllister

Action for the foreclosure of a mortgage. The appellant was made one of the defendants under the allegation that he claimed some interest in the premises, hut that his claim is subordinate and subject to the lien of the mortgage. The mortgage was executed to the plaintiffs assignor March 30, 1893, and on March 7, 1894^ the mortgagor conveyed the mortgaged premises to the appellant’s codefendant, by good and sufficient deed, which was recorded in the office of the county recorder on that day. In his answer herein the appellant sets forth his claim upon the mortgaged land by virtue of the lien…