Biersdorff v. Brumfield

On Denial of Petition for Rehearing.

McQUADE, Justice.

Appellant, in its petition for rehearing suggests that we have departed from the rule articulated in Boise Payette Lumber Co. v. Winward, 47 Idaho 485, 276 P. 971 (1929), and Goss v. Iverson, 72 Idaho 240, 238 P.2d 1151 (1951). This suggestion is mistaken; the rule has not been changed. A senior mortgage for future advances will maintain seniority for advances made after actual notice of a junior lien if, but only if, there was a contractual obligation to make such advances existing prior to the notice of the junior lien. See G. Osborne,…