Fred T. Ley & Co. v. Wheat

SIBLEY, Circuit Judge.

The appeal is from a decree of the District Court ordering foreclosure of a bond mortgage upon and sale of an office building in West Palm Beach, Fla., and giving priority to the mortgage over a builder’s lien claimed by appellant, Ley & C‘o., Inc. The claims of error are: First, that the federal court violated comity, in that, before the bill was filed, there was pending in a state court a bill between the same parties to foreclose the same builder’s lien on the same property; and, second, that appellant’s lien is superior to the moidg-age.

On August 19, 1926, Ley. &…