Granite State Provident Ass'n v. McHugh

This is an appeal from an order resettling a decree of foreclosure. McHugh had a mechanics’ lien upon the mortgaged premises, which attached after $10,500 had been, advanced on plaintiff’s mortgage. After the lien was filed, other advances were made on the mortgage up to $15,000. The court decided that McHugh’s lien and his costs must be paid after the plaintiff was paid $10,500 and his costs. By inadvertence he gave an allowance of $200 to the plaintiff, to be paid before McHugh’s lien and costs. The decree as resettled corrects this and makes the allowance payable after McHugh is paid. This is right. It was discretionary at all events with the trial court, and the order should be affirmed, with ten dollars costs and disbursements.

Dykman and Pratt, JJ., concurred