Marion Mortgate Co. v. Grennan

This cause is here upon appeal from an order of the Circuit Court dismissing a bill of foreclosure, filed by the appellant as assignee of the mortgage which had been placed upon improved real estate by the owner (mortgagor) after said owner executed and delivered a contract for deed on the same property to a purchaser who had, at the time of said mortgage, been in adverse possession and occupancy for nearly two years without default.

The main facts, in substance, are that the Merchants Realty Company, hereinafter called the "original owner," on May 17, 1920, executed and delivered a contract…