Goodfriend v. United American Bank

OPINION

SANDERS, Judge.

The Plaintiffs have appealed from a chancery decree holding that advances under an open-end mortgage are superior to their claim for payment of invoices for materials furnished in the construction of a residence.

The Plaintiffs-Appellants, Robert Michael Goodfriend and wife, Wendy Ellyn Good-friend, entered into a contract with the Defendant, Mitchell & Associates, Inc., to purchase a residence to be constructed by Mitchell upon a lot owned by it. Prior to the contract Mitchell had executed a deed of trust on the property to the Defendant-Appellee, United American Bank,…