Equitable Life Insurance v. Condon

This is an action to quiet title. On August 17, 1925, William J. Condon executed to the plaintiff a note for $24,000 and a mortgage securing the same on 240 acres of land in flections 8 and 9, Township 89, Range 30, Webster County. Afterward, on November 22, 1927, William Condon, a widow'er, executed a warranty deed to his daughter, Genevieve Condon, defendant herein, for 80 acres of this 240-acre tract, which deed made no reference to a mortgage or encumbrance and was recorded November 23, 1927.

On August 19, 1931, plaintiff instituted an action of foreclosure on said 240 acres and on…