Union National Savings & Loan Ass'n v. Helberg

The appellant sued to foreclose a mortgage executed by the appellee, Helberg. The appellee, Hosier, by cross-complaint, sought to enforce a mechanic’s lien as senior to the mortgage. The essential facts were that Helberg owned a lot in the city of Hammond, and, in De*140cember, 1892, contracted with Mosier for the erection of a dwelling-honse. The dwelling-house was under construction when, in March, 1893, the appellant, with knowledge of said contract and the work upon said house, made a loan of $1,300 to Heiberg, which loan was secured by a mortgage on said lot. On the 30th day of September,…