Bowen v. A. R. Boyd Enterprises, Inc.

Opinion by

Mr. Justice Barnes,

The plaintiff in this proceeding in equity seeks to have a third mortgage owned by her reinstated as a lien upon the mortgaged premises after it had been discharged by a foreclosure sale upon a prior incumbrance. Her prayer for relief is based upon the allegation that the foreclosure in question had for its primary purpose the discharge of her third mortgage, and was a fraudulent and collusive arrangement between the first mortgagee and the owner of the property.

It appears from the record that on March 9, 1930, the plaintiff and her husband, James K. Bowen, sold…