First Federal Savings & Loan Ass'n v. Ledermeier

OPINION

BY THE COURT:

This is an appeal on law and fact presenting the issue of priority between the mortgagee and a mechanic’s lien-holder.

The plaintiff, the mortgagee, bases its claim to priority upon a construction mortgage.

The defendant mechanic’s lienholder, The A. M. Lewin Lumber Company, bases its claim to a lien upon furnishing material, and the taking of the necessary proceedings under the statute to obtain the lien.

The controversy relates to the disbursement of the money secured by the mortgage. The mechanic’s lienholder contends that the mortgagee failed to comply with the provisions…