Ford v. Dayton

I. The plaintiff, Elmer Ford, appellant herein, performed work and labor for Grover Higby, who, as lessee of H. L. Dayton, opened and for a brief time operated a coal mine on a 60-acre tract belonging to the lessor in Webster County, and brings this action in equity to foreclose his lien for the amount due him for such work and labor.

Prior to September 26, 1922, the date on which appellant commenced work for the lessee, the lessor executed a mortgage for $6,252 to his father, Frank Dayton, which was not recorded until November 29, 1922. Appellant worked in the mine until the following…