Fryman v. McGhee

This is an appeal on questions of law and fact. The issue presented is that of priority between a real estate mortgage given by the owners, William H. McGhee and Martha Z. McGhee, to the defendant-appellee, The Winters National Bank & Trust Company, on the one hand, and mechanics liens claimed by the defendants-appellants, Ira W. Barnes, doing business as Ira W. Barnes’ Sons, Charles Bow man and Son, and Edgemont Builders Supplies, Inc., on the other.

The premises were sold upon foreclosure proceedings in the Common Pleas Court and the insufficient proceeds were ordered applied first to the…