Lazarus v. Henrietta National Bank

Walker, Associate Justice.

Appellant insists that his lien should have priority over the deed of trust to secure the bank, upon the principle that where several mortgages are executed together by the same party in accordance with an agreement as to the order in which they shall rank in priority, that such agreement will control regardless of the order in which the mortgages were actually signed.

Appellee insists that although there may have been such an agreement yet in this case the mortgages were not in fact executed together, but that the mortgage to West, trustee, for the benefit of…