Hoevet v. Westwood Lumber Co.

The question involved in this appeal is whether a certain instrument executed by the defendant Westwood Lumber Company, a corporation, and others, in favor of C. W. Barrick, trustee, intervener, is a mortgage on the real property of Westwood Lumber Company, a contract to execute a mortgage or merely an assignment of part of the purchase price, as paid, for timber on the real property mentioned and other holdings. Prom a decree of the circuit court declaring the trustee and his beneficiaries “to be common creditors of Westwood Lumber Company, without security or any right or claim of priority…