Prairie State Bank v. Safford

The opinion of the court was delivered by

Burgh, J.:

The action was one by the Prairie State Bank of Augusta to foreclose a mortgage of real estate given by J. B. Marshall to secure an indebtedness secured by a previous mortgage. Safford & Son were made parties defendant. After the previous mortgage was given, Safford & Son obtained a judgment against Marshall, and the question in the case was whether, by virtue of a transaction between Marshall and the bank resulting in release of the old mortgage and execution of the new one, the judgment lien became superior to the mortgage lien. The bank…