Goddard v. Clarke

Calkins, C.

The plaintiff began a suit to foreclose a mortgage on part of two city lots, making the Creighton University, which held a prior mortgage on these two lots and 12 others, a party defendant. The university filed an answer in which it sought to foreclose its mortgage, making one. Bellamy, who held a junior mortgage on the remaining part of the lots mortgaged to plaintiff, a party defendant. The district court found the mortgage to the university void, and from this decree an appeal was prosecuted to this court, where the same was reversed, and the mortgage to the university held a…