Holgate State Bank v. Gauggel

Ohio Supreme Court

Holgate State Bank v. Gauggel

217 N.E.2d 867, 6 Ohio St. 2d 256, 35 Ohio Op. 2d 420, 1966 Ohio LEXIS 377

CourtOhio Supreme Court

DecidedJune 15, 1966

DocketNo. 39841

StatusPublished

Cited by2 cases

This text of 217 N.E.2d 867 (Holgate State Bank v. Gauggel) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holgate State Bank v. Gauggel, 217 N.E.2d 867, 6 Ohio St. 2d 256, 35 Ohio Op. 2d 420, 1966 Ohio LEXIS 377 (Ohio 1966).

Pincite

Opinion

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 oyer 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 he recorded in the office of the county recorder of the county in which the mortgaged premises are situated, and take effect from the time they are delivered to such recorder for record.”

The plaintiff’s mortgage, having been recorded before any work was done or material furnished, takes priority over the materialmen’s liens. Rider v. Crobaugh, 100 Ohio St. 88.

The judgment of the Court of Appeals is affirmed.

Judgment affirmed.

Taet, C. J. Zimmerman, Matthias, O’Neill, Herbert, Schheideb and Brown, JJ., concur.

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