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THOMASTON SAVINGS BANK v. WARNER

144 Conn. 97 (1956)

THOMASTON SAVINGS BANK v. EUGENE O. WARNER ET AL.

Supreme Court of Connecticut.

Decided November 27, 1956.

Attorney(s) appearing for the Case

Donald L. Rome, for the appellant (defendant The J. J. Miller Construction Company).

Emil A. Petke, for the appellees (defendants Eugene R. Warner et al.).

INGLIS, C. J., BALDWIN, O'SULLIVAN, WYNNE and DALY, JS.

INGLIS, C. J.

This is an appeal from a judgment of strict foreclosure of a first mortgage. The question is whether the trial court erred in its determination of priorities among subsequent incumbrances, particularly between a mortgage to Eugene R. Warner and Dorothy M. Warner and a mortgage to The J. J. Miller Construction Company.

The court found the following facts: On May 31, 1952, Eugene R. Warner and his wife...

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