Overlander v. Overlander

The opinion of the court was delivered by

Hutchison, J.:

This is a partition suit 'Commenced in Doniphan county to divide the land in that county inherited by five brothers, in which case there has been injected by attachment and by interplea ■of a mortgagee a controversy as to priority of liens on the undivided interest of one of these brothers. The decision was in favor of the mortgagee, and the attachment creditor appeals.

Among the questions raised are that of priority between an unrecorded mortgage and an attachment creditor. Does a suit in which judgment is rendered and later set aside and…