Opinion

Holgate State Bank v. Gauggel

  • 6 Ohio St. 2d 256
  • 35 Ohio Op. 2d 420
  • 217 N.E.2d 867
  • 1966 Ohio LEXIS 377
Court
Ohio Supreme Court
Filed
Jun 15, 1966
Status
Published
On the bench
Brown, Herbert, Matthias, Neill, Schheideb, Taet, Zimmerman
Cited by
2 cases
Authority
More cited than 72.7%

The opinion

Per Curiam.

The question presented is whether the mortgage filed for record prior to the date of the commencement of any construction work on the premises has priority oyer the materialmen’s liens for material furnished subsequent to the filing of the mortgage.

Section 5301.23, Revised Code, provides that “all mortgages properly executed shall he recorded in the office of the county recorder of the county in which the mortgaged premises are situated, and take effect from the time they are delivered to such recorder for record.”

The plaintiff’s mortgage, having been recorded before any work was done or material furnished, takes priority over the materialmen’s liens. Rider v. Crobaugh, 100 Ohio St. 88 .

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Taet, C. J. Zimmerman, Matthias, O’Neill, Herbert, Schheideb and Brown, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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