Underwood v. Lapp

OPINION

By HORNBECK, PJ.

The appeal is noted as one on questions of law and fact directed to a judgment of the Common Pleas Court holding that a judgment lien of plaintiff was superior to a mortgage held by defendant, Leslie W. Lapp in which the mortgagor was Mattie E. Williams.-

The action was equitable to-fix the amount and order of liens and an appeal on questions- of law and fact would lie from the judgment if properly perfected. No bond for such an appeal was fixed and none given. Therefore, the appeal must proceed as on questions of law only.

The action was instituted, by the plaintiff who,…