Oswego Finance Co. v. Perkins

The opinion of the court was delivered by

Burch, J.:

The action was one to foreclose a real-estate mortgage covering several tracts of land. The petition alleged the mortgage *688was a first lien on certain tracts and a second lien on others. All defendants except John Judd and his wife joined in an answer praying that plaintiff’s mortgage be canceled. Judd claimed a first mortgage lien on one tract. Judd was awarded a first lien and plaintiff was awarded a second lien on the tract covered by 'the Judd mortgage; plaintiff prevailed as against the other defendants, and the defendants other than Judd…