Rogers v. Heads Iron Foundry

Error from tbe district court of Dodge county. Tried below before Marshall, J. Tbe opinion contains a statement of tbe case. Tbe only question for determination is as to tbe priority of mortgage liens. Tbe plaintiff claims tbe prior lien because of tbe fact that bis lien attached before there was any valid delivery of tbe defendants’ mortgages; and that, in this case, tbe subsequent acceptance by defendants of tbe mortgages previously delivered to a stranger for them did not relate back as against tbe intervening lien of tbe plaintiff. (Masterson v. Cheek, 23 Ill., 72; Rivard v. Walker, 39…