Moore v. Tierney

Moore had loaned to Hageman money to be used in the construction of houses upon lots owned by Hageman. This loan was secured upon the lots to be improved. Tierney did work and furnished materials relating to the plastering of the houses, and under our statute became entitled to a mechanic’s lien for the same, subject to Moore’s mortgage lien for the money lent, unless he has waived it.

This suit is a bill brought by Moore, alleging, in substance, that before the buildings were completed it was found that the original loan was not sufficient to pay for the completion of the buildings, and that…