Active Mortgage Co. v. Apex Building Co.

The bill is to foreclose two mortgages on an apartment house, one for $85,000, the other for $15,000, made by the Apex Building Company. The amounts are admitted to be due and that the proceeds were used in the erection of the building. H.R. Eisenberg Company, Incorporated, a mechanics' lien claimant, holding a general judgment against the owner, Apex Building Company, and to be specially made out of the mortgaged lands, asserts priority over complainant's mortgages. The complainant was a party defendant in the mechanics' lien suit in the circuit court and was dismissed upon a showing that…