John Davis & Co. v. Cedar Glen Four, Inc.

Stafford, J. †

John Davis & Company (hereinafter called the respondent) instituted consolidated actions to foreclose four separate mortgages. The appellants, James R. Scott and wife, held a series of mortgages on the same property. The trial court held that respondent’s mortgages were superior to the Scotts’ mortgages. The Scotts have appealed.

The trial court’s ultimate findings of fact are supported by substantial evidence in the record which indicates that the following events occurred:

Stewart W. Petersen and wife were speculative builders in need of land. Jack Greenwalt, a real estate…