Weir v. Potter Title & Mortgage Guarantee Co.

Opinion by

Mr. Justice Maxey,

Plaintiffs filed a bill in'equity asking to have the judgment on their mechanic’s lien against the premises of I. G. Ivory in Glen Osborne Borough, Allegheny County, declared prior in lien to two mortgage liens assigned by Fidelity Trust Co., and Ohio Valley Trust Co., respectively, to the defendant, Potter Title and Mortgage Co.

On or about April 15, 1929, plaintiffs began the construction of a dwelling house for I. G. Ivory. There were then on record against Mrs. Ivory’s land or parts of it, the following two mortgages made by Mrs. Ivory and her husband: (1)…