Stackerl v. Heiser

MISER, C.

On March 15, 19x9, defendant Heiser mortgaged two quarter sections of land in Campbell county to secure his note for $5,500, due November 15, 1924. O'n March 27, 1919, said mortgage, which had been duly recorded, was assigned to the plaintiff and. appellant, Stacked. Heiser believed, and in his mortgage warranted, said land to be free from incumbrances. However, on October 23, 1913-, the father of the defendant Heiser, being then the owner of one of said quarters, had mortgaged it to secure the payment of $1,200, due November 1, 1918. O'n November 5, 1913, this mortgage, which had…