Houseman v. Gerken

The circuit judge filed an opinion which we adopt in part.

“The bill of complaint was filed in this cause to have a mortgage declared a first mortgage upon certain real estate, issue was joined, and proofs taken in open court.

“From the testimony it appears that the plaintiffs conveyed certain lands to the defendants Gottlieb P. Gerken and Bertha Gerken, and as part payment of the purchase price accepted a mortgage in the sum of $16,312.50. The mortgage was dated March 1, 1921, but was not recorded until March 25, 1921. The delay being caused by an insufficient description of the property.

“On…