Prell v. Trustees of Baird & Warner Mortgage & Realty Investors

ROBERTSON, Judge.

This appeal is brought by Frank Prell, as assignee of George Stapleton’s interest, from a summary judgment granted by thé trial court in favor of the appellees, The Trustees of Baird and Warner Mortgage and Realty Investors (Baird and Warner) and Chicago Title Insurance Co. (Chicago Title), on Prell’s complaint asking for a superior vendor’s lien over Baird and Warner’s recorded mortgage.

We reverse and remand for further proceedings.

The trial court made findings of fact which for the most part are not in dispute and which we summarize as follows: Robert E. Harris (Harris) and…