LANE v. ARLINGTON TRUST CO.

No. 79-172.

119 N.H. 956 (1979)

RAYMOND D. LANE & a. v. ARLINGTON TRUST COMPANY

Supreme Court of New Hampshire.

December 28, 1979.


Attorney(s) appearing for the Case

John B. Ford, of Salem, by brief and orally, for the plaintiffs.

Ralph Stein, of Salem, by brief and orally, for the defendant.


BROCK, J.

The issue presented in this case is, to what extent, if any, do additional advances made by a first mortgagee to the mortgagor have priority over an intervening second mortgage.

Defendant, first mortgagee, loaned $30,000 which was secured by a mortgage recorded April 1, 1975, to Canobie Auto Body, Inc. Plaintiffs held a second mortgage for $119,500 which was recorded on April 5, 1975. On April 6, 1975, defendant loaned the corporation an additional...

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