Angus v. Mariner

The only question presented on this appeal is whether plaintiff’s mortgage is entitled to precedence over the mortgage of the defendant bank. The material facts are as follows: In 1916 Merrill Henry was the owner of 440 acres of land in Park county which he agreed to convey to one Lyons upon the payment of $10,000; a deed conveying the land pursuant to the contract was placed in escrow. Lyons agreed to convey the land to Sherrod and Sherrod agreed to convey it to Joseph H. Mariner. In each instance deeds were made out and placed in escrow; all being in the National Park Bank at Livingston. In…