Simon v. State Mut. Life Assur. Co.

YOUNG, Justice.

The only controversy involved in this appeal is priority of right to certain impounded money rentals accruing from mortgaged realty, after suit, judgment es tablishing debt and foreclosure, a sale thereunder, with deficiency remaining; the claims being asserted by the mortgagee on one hand, the mortgagors and their assigns on the other. Suit was instituted in a Dallas County District Court February 14, 1935, by the State Mutual Life Assurance Company hereinafter referred to as plaintiff, against U. M. Simon, his wife, the partnership of Butcher & Sweeney, defendants, and others…