Schwartz v. Rappaport

The question is one of priority between plaintiff’s mortgage and defendant’s mechanic’s lien. The mortgage was made and recorded before the lien was filed, but the mortgage did not describe the property intended to be covered by it, which was the property affected by the defendant’s lien. This action is to reform the mortgage by making it cover the property in question, as was originally intended, and then to foreclose it.

In the absence of a statutory provision, the holder of a mechanic’s lien has no greater rights than a judgment creditor and his lien is subject to the rights of those…