Dempsey v. McGowan

John I. Purtle, Justice.

This case involves a priority dispute of liens on real property. The trial court held that the construction money mortgage in question was superior to the materialmen’s liens which were perfected after the mortgage was filed.

For reversal the appellant argues that the court erred in granting priority to the advances made after the construction commenced. Also, the appellant argues that the court erred in awarding attorneys’ fees to one of the materialmen, National Lumber Company, and in giving this award equal status with the mechanics’ liens. We agree with the trial…