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HOUSING MORT. CORP. v. ALLIED CONST.

374 Pa. 312 (1953)

Housing Mortgage Corporation, Appellant, v. Allied Construction, Inc.

Supreme Court of Pennsylvania.

June 26, 1953.

Attorney(s) appearing for the Case

Myron E. Rowley, with him Ralph E. Smith, James E. Rowley and Rowley & Smith, for purchase money mortgagee.

W. Denning Stewart, with him Harold L. Roth and Ira Hurwick, for Housing Mortgage Corporation.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, June 26, 1953:

The sole question involved in this litigation concerns the relative priority of the liens of a purchase money mortgage and a "construction" or advance-money mortgage.

James B. Clark was the owner of a tract of land in Beaver County in which he had laid out a plan of lots. On March 15, 1947, he and his wife agreed to sell 34 of these lots to Allied Communities...

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