Giesy v. Aurora State Bank

Rehearing denied May 31, 1927.

On Petition eor Rehearing.

(256 Pac. 763.)

Rehearing Denied.

BROWN, J.

Defendant Weiner asks for a rehearing upon the ground that this court has erred in its holding that the plaintiff is not estopped from a successful prosecution of this suit by the decree rendered in a foreclosure suit brought by Weiner as plaintiff and based upon a junior mortgage.

This plaintiff’s mortgage was regularly executed and duly recorded a month prior to the creation of defendant Weiner’s mortgage lien. In Weiner’s foreclosure suit, he made this plaintiff, Aurora State Bank and others,…