Metal Sales Manufacturing Corp. v. Newton

OPINION

McANULTY, Judge:

This is a consolidated appeal in which we must decide whether the trial court correctly determined that a mortgage had priority over two materialman’s liens. Because we find that a part of the mortgage was not for value and that a materialman’s lien is created when labor is performed or materials are furnished pursuant to contract, we reverse the decision of the trial court.

An extensive review of the facts and chronological events is necessary. In 1996, Appellees Robert Boone Sr., Ruth Boone, Robert Boone, Jr. and Molly Boone (the Boones) contracted with Shelly Newton…