HOLGATE STATE BANK v. GAUGGEL

No. 39841.

6 Ohio St. 2d 256 (1966)

THE HOLGATE STATE BANK, APPELLEE, v. GAUGGEL ET AL.; TUTTLE LUMBER CO. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided June 15, 1966.


Attorney(s) appearing for the Case

Messrs. Coble, Ritenour & Wilson, Mr. E. C. Ritenour and Messrs. Kuhn, Wise & Mauer, for appellee.

Messrs. Meredith, Meredith, Tait & Basinger, Messrs. Gooding, Evans & Huffman and Mr. F. W. Gooding, for appellants.


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 over 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 be recorded in the office of the county recorder of the county in which the mortgaged premises are situated...

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