Green v. Saxton

I. The mortgage debtor and principal defendant is Saxton; Hamilton, as receiver of the Clarinda Trust and Savings Bank, is the holder of a second mortgage; the defendants Owen, Richardson, Boone, and Clarinda Hardware Company are mechanics’ lien holders, respectively. These latter filed cross-petitions, setting up their mechanics’ liens, and claiming priority over the plaintiff’s mortgage. The only issues presented for our consideration on this appeal are those made by the cross-petitions of the respective mechanics’ lien holders. The plaintiff’s mortgage was a purchase-money mortgage. On…