Henschke v. Christian

Peterson, Justice.

Defendants appeal from the judgment entered against them pursuant to a directed verdict in an action for unlawful detainer.

Three questions are presented for decision:(1) Whether a prior judgment in an unlawful detainer action for restitution of premises is res judicata as against the defendant’s mortgagee where he acquired his rights as mortgagee prior to the commencement of the action and he was not made a party to it;(2) Whether the rights of the vendee named in a contract for deed are prior and superior to those of a mortgagee, where at the time of executing the contract…