Lampson Lumber Co. v. Chiarelli

The defendants in their brief attack the validity of the mortgage in question by reason of the fact that although the mortgage is dated March 28th, 1922, plaintiff did not commence to furnish materials until May 28th, 1922, prior to which last date, on May 17th, 1922, Riccio had conveyed the mortgaged property to Chiarelli, and had taken back a contract to reconvey. They claim that at the time Chiarelli became the owner of the premises, nothing had been advanced by way of furnishing materials, and any advances thereafter made were made to Chiarelli or the building contractor. The record does…