# Holgate State Bank v. Gauggel

> Ohio Supreme Court · June 15, 1966 · 6 Ohio St. 2d 256

URL: https://www.frixlaw.com/law-library/cases/6753681

## Case

- **Full name:** The Holgate State Bank v. Gauggel Tuttle Lumber Co.
- **Court:** Ohio Supreme Court
- **Decided:** June 15, 1966
- **Citations:** 6 Ohio St. 2d 256; 35 Ohio Op. 2d 420; 217 N.E.2d 867; 1966 Ohio LEXIS 377
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Brown, Herbert, Matthias, Neill, Schheideb, Taet, Zimmerman
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6753681

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6753681. Public record. Not legal advice.