Hink v. Mehlhorn

This action was brought to foreclose a real estate mortgage. The defendant Else Mehlhorn answered, and, by cross-complaint, pleaded a prior mortgage and alleged that it was superior in right. With the other defendants, we are not here concerned, and no mention will be made of them. The cause was tried to the court without a jury, and resulted in a judgment foreclosing the plaintiff’s mortgage, but adjudging that it was subordinate to that of the defendant named. From this judgment, the plaintiff appeals.

The facts which will present the questions to be determined may be summarized as follows:…