Wheeler v. Kuntsbeck

FULL TEXT.

RICHARDS, J.

This case involves a question of priority between a mortgage held by Andrew Kuntsbeck and a judgment lien secured by C. H. Wheeler, based on a claim for personal injuries. The trial court held that the mortgage had priority and error is prosecuted to reverse that judgment.

The promissory note and mortgage held by Kuntsbeck are for $2500.00 and were executed on October 22, 1923, and filed for record on October 23, 1923. They were not based on any consideration passing simultaneously with or subsequently to their execution, but were based upon a valid consideration existing…