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EARNSHAW v. FIRST FED. SAVINGS &c. ASS'N.

No. 5808.

109 N.H. 283 (1969)

SIDNEY S. EARNSHAW v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION & a.

Supreme Court of New Hampshire.

Decided January 31, 1969.

Attorney(s) appearing for the Case

Harkaway, Barry & Gall (Mr. Joseph F. Gall orally), for the plaintiff.

Winer, Lynch & Pillsbury (Mr. Robert W. Pillsbury orally), for the defendant.

KENISON, C. J.

The question presented in this case is whether advances made by a construction loan mortgagee under a mortgage given to secure obligatory future advances to the mortgagor have priority over a mechanic's lien even though some of the advances were made after the lien attached. The litigation originated by a petition for declaratory judgment by the plaintiff who supplied plumbing and heating supplies and labor...

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