Corn Belt Trust & Savings Bank of Belle Plaine v. May

The appellant does not now claim that the first mortgage of Tobin was fraudulent, nor does-it claim that there was any actual fraud in the $30,000 mortgage. There is some claim that there was constructive fraud as to it, or, as counsel put it, that it is and should be subsequent to the appellant’s mortgage. The principal controversy here is as to the $30,000 mortgage and the alleged election by the widow to take homestead in part of the property.

The appellant states the two propositions substantially as we have stated them. They state that the court was in error in holding that Minnie Wurtele…