Metropolitan Life Insurance v. First Security Bank

SHEPARD, Justice.

This is an appeal from a summary judgment entered by the trial court establishing the relative priorities of liens in a mortgage foreclosure action. The trial court held that certain mechanic’s and material-men’s liens were senior to the lien of a mortgage. That mortgage, although executed later than the effective date of the labor liens, was nevertheless claimed to be senior thereto by reason of being subrogated to the lien of an earlier mortgage.

Frank and Ellie Nay were the owners of land in Osburn, Idaho, upon which they desired to construct a “4-plex.” They sought…