Arnold v. Kelsey

FOLTA, District Judge.

This suit for the foreclosure of plaintiff’s mortgage against the real property of the defendants Alice and R. W. Kelsey, husband and wife, involves the rank and priority of the mortgage lien and the liens claimed against the same property by the other defendants. The principal contest is between the lien of the mortgage given the plaintiff by the defendant Alice Kelsey and the lien of the judgment of the defendant Sullens & Floss.

It appears that on September 17, 1949, the defendant Alice Kelsey, record owner, gave the plaintiff a mortgage on the property involved to…