Flansburg v. Shumway

Landis, District Judge.

Appellant here, plaintiff below, obtained a decree of foreclosure. There is no controversy over plaintiff’s mortgage, the amount, or that it was due. Certain taxes were given priority over the mortgage lien. Plaintiff’s appeal raises the questions of. the existence of the taxes, priority *127of taxes, if existing, over contract lien, and effect of a tax sale certificate.

Defendant mortgagor, Nettie Shumway, files a separate appeal naming herself as coappellant, wherein she consents to the foreclosure of plaintiff’s mortgage, but insists that the apparent lien of the taxes is…