Meyer Bros. Drug Co. v. S. A. Brown & Co.

*544Opinion by

Strang, C.:

This was an action to determine the priority of certain liens between the parties thereto. It was tried by the court June 12,1888, on the following agreed statement of the facts:

“S. A. Brown & Co. entered into a contract with D. A. Wilson, defendant, in December, 1886, to furnish lumber and materials to erect a building on lots 1, 2, and 3, block 7, Yates’s 4th addition to the city of Yates Center, Kas. At the date of said contract G. H. Phillips held the legal title to said lots, which were at that time unimproved ; but there was an agreement between said Phillips and D.…