Canton Morris Plan Bank v. Most

SHERICK, PJ.

The issues presented are two in number, the first being, Is the appellant, as assignee of the bank’s second mortgage, entitled to be subrogated to and placed in the position of the bank, first held, by its canceled first mortgage, and' the second issue being, Is the appellant entitled to subrogation for the balance of the $10,500 paid by Most to workmen and materialmen for labor performed and materials furnished in the construction of the buildings, for which liens were not taken, and further entitled to share with the mechanics’ lien-holders, appellees herein, in the distribution…