J. I. Kislak Mortgage Corp. v. William Matthews, Builder, Inc.

CAREY, Justice:

The plaintiff below, J. I. Kislak Mortgage Corporation of Delaware (herein Kis-lak), has appealed from a summary judgment against it in the Superior Court. The judgment was in favor of Bachman and Wood, Inc. (herein appellee), which had intervened in a mortgage foreclosure action brought by Kislak against William Matthews, Builder, Inc. (herein Matthews).

Matthews was the owner of land upon which it commenced to build a number of dwellings, acting as its own “contractor.” Kislak took a mortgage against Matthews as security for a construction loan, the funds to be advanced and…