Rader v. Dawes

WASSERSTROM, Presiding Judge.

The issue here is the right to priority between two competing liens on real estate. Defendants contend theirs is prior in right because recorded first in time. Plaintiffs, on the other hand, contend that theirs is prior in right because based upon a vendor’s lien. The trial court ruled for plaintiffs, and defendants appeal. Contrary to defendants’ contentions, we hold: (1) plaintiffs did not waive their vendor’s lien; and (2) defendant Dawes had actual and constructive knowledge of facts sufficient to put him on notice of plaintiffs’ rights.

Plaintiffs, Mr. and…