Lovelady v. Plunkett

FOSTER, Justice.

The question here primarily is the priority of appellant’s mortgage given by one Patterson over that given by him to appellee.

The bill in equity was filed by appellant and as amended is in two aspects. It first seeks a declaratory judgment as to whether her mortgage takes precedence over that of appellee; and in the event it is found to be subordinate, that the foreclosure of the mortgage of appellee be set aside, and that she be permitted to exercise the equity of redemption; as amended, the bill does not seek to enforce the statutory right. The grounds on which it is sought…