LIBBY v. BROOKS


653 A.2d 422 (1995)

Rena M. LIBBY v. Janet T. BROOKS.

Supreme Judicial Court of Maine.

Decided February 3, 1995.


Attorney(s) appearing for the Case

Lawrence R. Sawyer (orally), Sawyer, Sawyer & Minott, P.A., Windham, for plaintiff.

David A. Soley (orally), Bernstein, Shur, Sawyer & Nelson, Portland, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, DANA, and LIPEZ, JJ.


DANA, Justice.

Janet Brooks appeals from a judgment of the Superior Court (Cumberland County, Brodrick, J.) granting Rena Libby a summary judgment on her foreclosure action against Brooks. Brooks argues that her purchase money mortgage has priority over a mortgage created by the equitable doctrine of estoppel by after-acquired property. Because we agree, we vacate the judgment.

In January 1990 attorney Thomas F. Malone, Jr., borrowed $60,000 from Rena...

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