Kelling v. Brooks

The opinion of the court was delivered by

Harvey, J.:

This is an action to foreclose a mortgage. The sole question here presented is whether the mortgage is a lien on the *56real property in controversy, and if so, the extent of such lien. The trial court held it to be a first lien, and from this the defendant, William Brooks, has appealed.

The facts, except as to one or two details, are not seriously controverted and may be stated as follows: William Brooks was, and had been for many years, the owner of a certain 440 acres of land in Norton county. On May 26, 1920, he and his wife contracted to…