Lawrence v. Tully

This is an appeal from a decree of the circuit court of Wayne county foreclosing two mortgages, one in the sum of $1371.30 as a first lien and the other in the sum of $494.84 as a second lien.

Appellee filed the bill to foreclose a mortgage in the sum of $1200, with interest. Appellant is holder of the smaller mortgage and filed a cross-bill seeking foreclosure of his mortgage as a first lien. He claims that his mortgage is in law and in fact the prior mortgage and that appellee’s mortgage represents a loan made to the mortgagor subject to appellant’s mortgage. Appellee, on the other hand,…