Tracy v. Hewitt

HARDY, Judge.

This action, via executiva, was instituted by plaintiff, Douglas M. Tracy, on March 6, 1956, for the foreclosure of a second mortgage, executed by defendant, Robert Hewitt, securing the payment of a note in the principal sum of $1,400, of which note plaintiff was the holder and owner in due course for a valuable consideration before maturity. On March 15, 1956, B. F. Eding-ton Drilling Company filed a petition of intervention and third opposition, alleging *758that it was entitled to a mechanic’s lien and privilege on the property sought to be foreclosed, superior to any mortgages on…