Lyman Lamb Co. v. Union Bank of Benton

Paul Ward, Associate Justice.

We are herein concerned with priority of liens on a house and lot owned by Kelly Welch. The four appellants furnished materials and appellee furnished the money to construct the house, and both parties claim a first lien. The trial court ruled in favor of appellee bank, and appellants now seek a reversal on appeal.

The facts are not in dispute, and only one issue of law is relied on by appellants.

It is appellants’ contention that the mortgage executed by Welch to appellee is not a “construction mortgage” as is required by Ark. Stat. Ann. § 51-605 (1947) as it has…