Gruss v. Miskinis

The question is as to priority of lien. The plaintiff claimed under a mechanic’s lien and the defendant Mary Bajusz as mortgagee of the premises.

The defendant Miskinis purchased four building lots from the defendant Bajusz on July 24, 1941, received a warranty deed, and executed and delivered a mortgage deed and note for the entire purchase price. Miskinis did not record the warranty deed until October 2, and the mortgage deed was not recorded until November 3. In September Miskinis began the construction of a house upon the premises, and on the 29th day of that month the plaintiff commenced…