McElveen v. Brunson

Ness, Justice:

Appellant, McElveen, appeals an order declaring an improvement on realty not to be subject to his mortgage on the premises. We reverse.

This action arose when McElveen sold a tract of land to Brunson for $65,000. Ten thousand dollars was paid in cash and the remainder secured by a purchase money mortgage which was properly recorded with the county clerk of court. The mortgage clearly states that it covers the land with improvements.

Subsequently at Brunson’s request, respondent Smith constructed a building on the premises for use as a skateboard park. According to the statement of…