Shilowitz v. Wadler

The appeal is from a judgment foreclosing a purchase-money mortgage which was dated April 4, executed April 7 and recorded April 15, all in 1931. The chief question presented is whether a hen filed by appellant for materials furnished *331and used in making improvements on the property covered by the mortgage has priority over the mortgage.

Anna Wadler, the mortgagor, purchased the mortgaged property from the plaintiff. Her deed was recorded at the same time with the purchase-money mortgage. Intending to purchase and improve this property, Anna Wadler, on March 24,1931, had made a contract with…