Bell v. Hernandez

The opinion of the court was delivered by

Harvey, J.:

This is an action to foreclose a mortgage. From a judgment allowing claims superior to it plaintiff has appealed.

The facts, briefly stated, are as follows: In December, 1924, Hernandez and wife owned real property in Arkansas City which they mortgaged to a building and loan association. This mortgage is conceded to be a first lien on the property. About that time Hernandez purchased from the Clark Lumber Company materials of the value of $152, used to improve the property, for which the Clark Lumber Company filed a mechanic’s lien statement…