Atlas Supply Co. v. Davis

Lewis, Chief Justice:

Appellant holds a recorded judgment lien and respondent, First Federal Savings and Loan Association (First Fed*393eral), holds a recorded mortgage lien over real property owned by respondents Howard P. and Annie A. Davis. This action was brought to determine which lien had priority. Appeal is from an order of the lower court, concurring in the finding of the special referee, that the mortgage lien had priority over the judgment lien. The facts have been stipulated and are not in dispute.

Appellant’s judgment was obtained on June 21, 1973 on an open account contracted between…