Wormer & Son v. Waterloo Agricultural Works

Seevers, Ch. J.

— As against the defendant, it was held in 50 Iowa, 262, that the plaintiff was entitled to a foreclosure of the mortgage. Two days prior to the jprocedendo being filed in the district court, Robert Waller intervened in the action by filing a petition, in which he claimed that the plaintiffs’ mortgage was junior to certain liens or interests he had in and to the mortgaged premises. The material facts upon which such claim is based are as follows: The premises had been sold under executions issued on judgments establishing mechanics’ liens thereon. These liens were prior to that…