Baker Sand & Gravel Co. v. Rogers Plumbing & Heating Co.

BOULDIN, Justice.

The question of first importance is that of priority between a mortgagee of real estate and materialmen furnishing materials to an original contractor for the erection of a building thereon. The mortgage was executed and recorded prior to the beginning of work on the building.

In such ease by express statute, the mortgage has the superior lien on the land, but as to the building liens under the mechanic’s lien law are superior to all other liens, mortgages, or incumbrances. Oode, § 8833.

In this case the mortgagee claims priority as to the building.

The material facts touching…