Davis v. Piggott

Reed, V. C.

These are three suits for the foreclosure of three mortgages. They were tried together.

The contest concerns the priorities of the respective mortgages. One Kaniper owned a tract of land containing one hundred and eighty-one and forty-hundredths acres, which will hereafter be styled the one-hundred-and-eighty-one-acre tract. He executed a mortgage upon this tract in March, 1873, to Christian and Levi Cressman, to secure two bonds, each one for $1,000, one held by Christian and the other by Levi Cressman.

In March, 1875, Kaniper made a second mortgage upon the same tract to James D.…