Carisch v. Lund

While defendant’s answer in form, so far as its allegations of' fact are concerned, seems to assert *492only a defense against the plaintiff’s claim for relief, yet in the prayer for judgment the affirmative relief is asked that the judgment of December, 1925, for $154.35 should be held to be a lien upon the real estate. Though not so conceded by the answer, yet it appears that such assertion of lien was made in recognition of the priority of a $7,000 mortgage given by plaintiff while he held the equitable title under the warranty deed to him from Standish. It is conceded that the warranty deed…