Dees v. Dismuke

OPINION OF THE COURT

BICKLEY, J.

The plaintiff (appellant) brought suit in the district court of Socorro county to foreclose the chattel mortgage described in the complaint. He joined as defendants W. S. Dismuke, the maker of the mortgage and the note secured thereby, and J. A. Montoya, who claimed an interest in the mortgaged property by virtue of an alleged landlord’s lien.

By appropriate pleadings the issues are joined between the plaintiff and the defendant J. A. Montoya, as to the priority of liens. The record shows that the facts were agreed upon by the parties, and show that prior to the…