Dizard & Getty, Inc., a Corporation v. Alex Wiley, Trustee in Bankruptcy in the Matter of Grant Corson Henry

CHAMBERS, Circuit Judge.

Dizard & Getty, Inc., a masonry contractor, performed work and furnished materials for Grant Corson Henry, a speculative builder who is now a bankrupt, on houses numbered “1” and “2” on Mercer Island in King County, Washington. For this Henry owed Dizard and Getty (D & G) the respective unpaid sums of $1,280.24 and $1,334.96. For these sums, at one time at least, D & G had inchoate liens on the properties at sites 1 and 2.

We deal here with whether D & G has lost its security as against Wiley, Henry’s trustee in bankruptcy. The referee, affirmed by the district court,…