Security Building & Loan Ass'n v. Costello

The plaintiff, a domestic corporation, brought this action under § 8144, Comp. Laws 1913, to establish its mortgage -as a prior lien against the real property involved. The defendant, answering, denied the equities of the plaintiff and prayed that title be quieted in him under a sheriff’s deed issued on a certificate of sale on foreclosure of a prior mortgage.

Reduced to their lowest terms the controlling facts disclosed by the record may be stated as follows: The plaintiff is the mortgagee in and the owner of a mortgage on real property in Divide county, North Dakota. At the time the…