Frank H. Conner Co. v. Spanish Inns Charlotte, Ltd.

HEDRICK, Judge.

The primary question raised by this appeal is whether the uncontroverted facts established by this record support the judgment declaring that plaintiff’s lien dates from 17 October 1973 *345and has priority over the defendants’ deed of trust recorded on 29 October 1973. The record clearly establishes that some labor and material was provided by plaintiff’s subcontractor on 17, 18 and 22 October 1973, prior to the recording date of defendants’ deed of trust. If, under the circumstances of this case, the services performed by plaintiff’s subcontractor on 17, 18 and 22 October 1973…