Bank of Baraboo v. Prothero

The principal question upon this appeal relates to the priority of the mechanic’s lien of respondent Welch to a mortgage of $16,000 held by the appellant bank. A consideration of this question requires a statement of the facts.

Defendants Prothero and McGinnis were partners in the garage business in the city of Baraboo. The. partnership purchased a garage building from N. H. Smith on September 19, 1914, and executed to Smith a mortgage of $9,500 upon this property as security for the balance of the purchase-price. One Simonds later became a member of the partnership, but eventually sold his…