Henderson v. Watson

S. R. Henderson, one of the complainants below, has appealed from a decree holding the lien of a recorded deed of trust superior to his mechanic’s lien for labor. The Chancellor was of opinion and held that one claiming a lien for work done or materials furnished a subcontractor who failed to record a sworn statement of the amount due as required by Code, Section 7929, is not entitled to priority over a deed of trust executed and recorded before the expiration of the time limit for recording such mechanic’s lien. This question is to be decided upon facts not in dispute.

On March 1, 1940,…