Lee v. Lee

Kindig, J. —

There is presented here for consideration a question relating to the priority of liens. Appellant, as plaintiff, contends that his mortgage is superior to the judgment of the defendant and appellee State Savings Bank. Beeause °f the language of appellant’s mortgage, it is necessary to decide whether or not, under the facts and circumstances, it ever became a lien upon the real estate involved. If it did hot so become, then, of course, the appellee bank must prevail.

Wesley Jones, who was the ancestor originally owning the land in question, died intestate March 30, 1921. He was…