SHUTZE v. CREDITHRIFT OF AMERICA, INC.

No. 89-CA-0591.

607 So.2d 55 (1992)

Thomas E. SHUTZE v. CREDITHRIFT OF AMERICA, INC., a Corporation.

Supreme Court of Mississippi.

July 29, 1992.


Attorney(s) appearing for the Case

J.B. Van Slyke, Jr., Hattiesburg, for appellant.

F. Marvin Morris, III, Morris & Sakalarios, Hattiesburg, for appellee.

En Banc.


ROBERTSON, Justice, for the Court:

I.

This is a lien priority case. The holder of a second deed of trust securing future advances made such an advance after a junior creditor had enrolled his judgment and perfected his lien. The Chancery Court enforced the future advance clause and assigned its lien a priority relating back to the recording of the original deed of trust, priming the judgment lien.

We affirm on this issue, although we remand for further...

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