Titus v. Cavalier

This appeal is to review a decree which determined a controversy between plaintiff and defendant Rose as to priority of their claimed liens on premises originally owned by defendant Cavalier.

Desiring to erect a dwelling* upon his vacant lot, Cavalier entered into a building contract on February 27,1927, which was not recorded. A few days prior to this he deeded the lot to the contractor who recorded his deed February 23, 1927. Later, Nieboer, the contractor, borrowed from plaintiff’s bank giving a mortgage on the premises dated May 31, 1927, which was recorded June 2, 1927. Cavalier and…