G. Credit Co. v. Mid-West Land Development, Inc.

The opinion of the court was delivered hy

Hatcher, C.:

This is an appeal from a Judgment in an action to foreclose a mortgage made by a lessee under a subordination agreement executed by the owners of the fee title.

The facts may be summarized.

The appellants, Glen and Evelyn Hinderliter, were fee owners of the Ranch Inn property in Johnson County. The entire tract consists of approximately three acres. The tract in question is the unimproved north 160 feet. The Ranch Inn Restaurant is on the south portion of the tract.

*326On June 1, 1964, the Hinderliters, as lessors, executed a lease to Jesse W.…