O'Connor v. Power

This is a foreclosure suit in which the only question involved is the priority between two mortgages. In a former opinion, ante, p. 113, the nature of the case was set out in full. We shall refer hereafter to the owner of the fee as Power, the holder of the first mortgage as O’Connor, and the second mortgage as the bank. Formerly, the court held that, since the first mortgage had not been refiled, as provided by section 20-202, Comp. St. 1929, the bank, being a subsequent incumbrancer for value, acquired a prior lien to the first mortgage. Power executed the O’Connor mortgage April 1, 1914.…