In re Wagner

COCHRAN, District Judge.

In this case there Has arisen a question as to priority of liens on certain real estate of the bankrupt, Wagner, in Covington, Ky., between Joseph Humpert and P. N. Myers. Humpert’s lien exists by virtue of the mechanic’s lien law of this state; Myers’, under a mortgage given by Wagner. The referee decided in favor of Humpert, and on petition of Myers has certified his finding to the court for review.

Humpert furnished lumber to Wagner, which was used in the erection of certain improvements, to wit, a brick cottage, a frame house, and an addition to a brick house on…