Berger v. Baist

— We shall refer to the appellant Annie Baist as “Baist”, to the appellant Preston Lumber & Supply Company as “Company”, and the respondent, J. J. Berger, as “Berger.”

The case between Baist and Berger presents a contest for priority between them as assignees from a common assignor and vendor of different mortgages covering substantially the same real property. These parties are in agreement as to the facts, the questions in dispute between them being questions of law.

The case between the Company and Berger presents a contest for priority between the holder of a materialman’s lien and an…