TONEY SCHLOSS v. UNION FEDERAL SAVINGS AND LOAN ASSOCIATION

[No. 102, September Term, 1963.]

233 Md. 224 (1964)

196 A.2d 458

TONEY SCHLOSS PROPERTIES CORPORATION v. UNION FEDERAL SAVINGS AND LOAN ASSOCIATION

Court of Appeals of Maryland.

Decided January 6, 1964.


Attorney(s) appearing for the Case

David M. Blum, with whom were Arnold Fleischmann and Nyburg, Goldman & Walter on the brief, for the appellant.

Charles C.W. Atwater and Walter C. Mylander, Jr., with whom were Thomas A. Garland, Harvey M. Lebowitz and Hoffberger & Hollander on the brief, for the appellee.

The cause was argued before BRUNE, C.J., and HENDERSON, PRESCOTT, HORNEY and MARBURY, JJ.


PRESCOTT, J., delivered the opinion of the Court.

From the chancellor's finding that appellant's mortgage was subordinate to a construction mortgage of the appellee (both secured by the same property) this appeal was taken.

The question involved is whether the appellant's mortgage, which it subordinated to a construction mortgage given to the appellee, is inferior to such construction mortgage, where, at the time of settlement, the appellee paid the full amount...

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