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J. I. KISLAK MTG. CORP. v. WILLIAM MATTHEWS BLDR., INC.

287 A.2d 686 (1972)

J. I. KISLAK MORTGAGE CORPORATION OF DELAWARE, a Corporation of the State of Delaware, Plaintiff, v. WILLIAM MATTHEWS BUILDER, INC., a Corporation of the State of Delaware, Defendant, Bachman and Wood, Inc., a Corporation of the State of Delaware, Intervenor.

Superior Court of Delaware, New Castle.

February 1, 1972.

Attorney(s) appearing for the Case

John M. Metten (now deceased), of Metten, Healy & Collins, Wilmington, for plaintiff.

David Snellenburg, II, of Snellenburg & Sandstrom, Wilmington, for defendant.

C. Waggaman Berl, Jr., of Booker, Green, Shaffer, Berl & Wise, Wilmington, for intervenor.

OPINION

CHRISTIE, Judge.

This is an action by J. I. Kislak Mortgage Corporation of Delaware, a mortgage lender, against William Matthews Builders, Inc., its borrower, to foreclose on a construction mortgage. A subcontractor, Bachman and Wood, Inc., has intervened, seeking priority for certain mechanics' liens. The intervenor contends that funds disbursed by the mortgage lender after the date that the intervenor...

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