Parker v. Gamble

This appeal is from a decree giving priority to a mortgage over a material man and laborer’s lien.

The mortgage on the land being an estate by entireties was recorded February 24, 1926, and the notice of lien for material and labor was filed May 27, 1927. As the lien for labor and material did not exist under the applicable statute until the filing of the notice, the mortgage was properly held to have priority.

The statute is as follows: “An Act to provide for the subjecting of estates by entireties in equity, for the value of labor performed and materials furnished in the construction,…