Planters Lumber Co. v. Jack Collier East Co.

Ed. F. McFaddin, Associate Justice.

This is a controversy for priority as between a construction money mortgage and materialmen’s liens; and necessitates a study of our Lien Statutes (§ 51-601 et seq. Ark. Stats.). The Chancery Court held that the construction money mortgage had priority; and the materialmen have appealed.

The facts are stipulated. Mr. Creed undertook to erect a residence for himself. On October 31, 1959, at his order, Big Bock Stone & Material Company (hereinafter called "Big Bock”) delivered certain building materials to the lot, and they were used in the building and a lien…