Wilhite v. Dieball

The opinion of the court was delivered by

Porter, J.:

This is an action to foreclose a mortgage. The plaintiff formerly owned the property which consists of a hotel at Garfield, and he traded it to a man by the name of Mason for a farm in Missouri. Mason and wife gave him a mortgage on the hotel *79property to secure a note for $1000, and on the same day that the mortgage was executed they conveyed the property to defendant William Dieball, the deed reciting that the conveyance was subject to a “first mortgage for $1000 dated today and due in two years from date, in favor of John Wilhite, drawing…