Williamstown Baptist Church v. Henley

The court’s opinion also represents, in large part, my personal views. In one very important particular I cannot concur. I agree that the injunction should be set aside arid upon the trial court’s findings of fact the appellant should be declared a mortgagee in possession with the exclusive right of possession of the building until its lien is satisfied. But I find no judicial warrant for increasing the amount of the lien to in-*337elude all payments made upon the church debt during the twelve years prior to 1936. In doing so we disregard findings by the trial court upon a material and primary…