Owen v. Interstate Mortgage Trust Co.

This .was an .action upon a promissory note and to foreclose a mortgage, and the only question involved in this proceeding .in error is whether the plaintiff in error is entitled to a first, lien on the real estate described in the mortgage as as- signee of a prior judgment, as against tlie claim of defendant in error, wlio claims a first lien as a mortgagee.

Tlie facts necessary to determine tills question may be briefly summarized as follows: John Johnstone and Barbara M. Johnstone were the owners of the land on which the respective parties claimed a first lien. It is conceded that William…