Doyon & Rayne Lumber Co. v. Nichols

The question presented arises by reason of the fact that upon the foreclosure sale there are mortgages to the extent of $125,000 to be preferred ahead of mechanics’ lien claims. By stipulation of the parties, the owners of the $35,000 mortgages have consented to take $32,000 for each of their mortgages, leaving $29,000 to be applied on the three $15,000 mortgages. All of the parties stipulate that one of these mortgages held by Wolff, Kubly & Hirsig is to *390be preferred over the Conklin and Wiedner mortgages. This leaves $14,000 to be applied on either the Conklin or Wied-ner mortgage,…