Peay v. B & N Inc.

HENRIOD, Justice.

Appeal from a judgment holding that Prudential had a superior first mortgage •on property subject of this litigation, and foreclosable as such. The judgment is affirmed, with costs to respondents.

Under familiar rules of appellate review favoring the facts substantially supporting the judgment, such facts which are pertinent fairly may be abstracted as follows:

On June 29, 1962, Peays conveyed the subject property to their son Robert and his wife, by warranty deed.1 The property apparently was to be used to develop a bowling alley facility. This deed effectively divested the…