Rielly v. Arnsmeier

The plaintiff, hereinafter referred to as respondent, brought this action for the foreclosure of a certain real-estate mortgage in the principal sum of $1,800, which mortgage and the note secured thereby he purchased from one Amelia Ayers. The defendant, A. O. Arnsmeier, hereinafter referred to as the appellant, contends that his $5,500 mortgage, to which reference will be hereinafter made, and which covers the same piece of property, constituted a prior lien.

From the findings of fact made by the trial court, it appears that on January 23, 1915, Elizabeth Raster, William T. Raster, her son,…