Kerley Chemical Corp. v. Producers Cotton Oil Co.

MOLLOY, Judge.

This is an appeal from a judgment rendered in a mortgage foreclosure action, in which it was determined that a mortgage held by the appellant, Kerley Chemical Corporation, upon certain farming land was subordinate to a realty mortga'ge upon the same land held by the appellee, Producers Cotton Oil Company.

The case was tried to a jury and the jury found, in answers to special interrogatories, that there was an oral agreement between. Kerley Chemical and Producers Cotton to the effect that the Producers mortgage would have priority and this mortgage would be for the total amount…