First National Bank v. Farmers & Merchants National Bank
Indiana Supreme Court
From Starke Circuit Court; George Burson, Special Judge. Cross-complaint by the First National Bank of Peoria, Illinois, and another, against the Farmers and Merchants National Bank of Wabash, Indiana, and others. From a decree denying part of the relief prayed, cross-complainants appeal. Transferred from Appellate Court under cl. 2, §1394 Burns 1908, Acts 1901, p. 565, §10.
1Opinion of the CourtGillett, C. J.
*3291. 2. *3303. *328This suit is the outgrowth of one brought by the Burlington Savings Bank of Burlington, Vermont, to foreclose a mortgage on certain real estate in Starke county. Three cross-complaints were filed. The first was filed by certain creditors who had recovered a judgment in attachment in Pulaski county against the owner of the equity of redemption, in which action a writ of attachment had been levied on said lands while the action was pending in Starke county. It is sought by said cross-complaint to have said judgment declared a senior lien on said real estate as *329against' all other…
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