International Harvester Co. of America v. Myers

*498The opinion of the court' was delivered by

West, J.:

This case involves the sole question, whether a mortgagee is entitled to a lien upon the land, or whether two brothers of the mortgagor without any record title should prevail. Joseph Myers owned a farm, on which was located the family residence, and across the road from which was the land in question. Prior to 1901 Joseph Myers and his wife were divorced, and in the division of the property she became the owner of the home place and he retained the land across the road. In 1901 a son, Benjamin, then of age, was engaged in business at Beloit.…