Hartstone Concrete Products Co. v. Verkauf

ALLEN, Judge.

Appellees, plaintiffs below, hereinafter referred to as mortgagees, filed their complaint for foreclosure of certain described premises. Appellant, among others, was named a party defendant because of a mechanic’s lien claim it held against the premises. Appellant will hereinafter be referred to as the lienor. The lienor filed its counterclaim and crossclaim asserting the superiority of its lien over the mortgage being foreclosed. On motion of the mortgagees, the lower court entered the order, here appealed, dismissing said crossclaim and counterclaim.

The correctness vel non of…