Rumery v. Loy

This is a contest for priority between the appellant, Suel C. Rumery, and the appellee, William Fennimore, each of whom has a mortgage lien upon the northeast quarter of section 21, township 16 north of range 18 west, in Custer county. The trial court found *756in favor of Eennimore and rendered a decree establishing his mortgage as a first lien upon the property. The decision seems to be grounded upon the following facts which the evidence tends to prove: The Rumery mortgage was executed on June 19, 1894, about eight o’clock in the forenoon. Afterwards on the same day the mortgagor, Stephen S.…