Union Homestead Ass'n v. Finck

BRUNOT, Justice.

This case presents only questions of law. On March 18, 1925, the Union Homestead Association purchased, for cash, from Mr. and Mrs. Otto Finck, and sold to them on terms of credit, the property described in the plaintiff’s petition, on which the Homestead Association retained the usual building and loan mortgage and vendor’s lien. On the same day Mr. and Mrs. Otto Finck granted a mortgage upon the same property to R. Marks. This act was passed before E. A. Parsons, notary public, and it is recited in the act that:

“The'parties hereto are aware of the exist: ence of a mortgage…