De Soto State Bank v. Randall

‘The opinion of the court was delivered by

West, J.:

The defendants, having sold some lumber to go into a house after the plaintiff bank had taken a mortgage to secure a loan on the property, took notes for the payment of *745this material bill but neglected to file a lien upon the premises. When the bank’s mortgage was foreclosed the notes for material were sought to be transformed into a judgment and lien prior to that of the mortgage. The court gave the defendants judgment but declined to make the amount thereof a lien, thereby following the plain and thoroughly settled law of this state.…