Hickey v. Polacheck

The issue in this case is whether a construction lien takes precedence over a mortgage when the mortgage was not recorded until after the holder of the construction lien commenced to deliver materials to the property. The matter was submitted to the trial court on stipulated facts. The court issued a decree foreclosing the construction lien and two such subsequently-recorded mortgages and giving the mortgages priority over the lien. We reverse.

On December 17,1977, defendant Lee’s Lumberland, Inc., (Lee’s) started to deliver materials to property owned by defendant Polachek. Lee’s continued to…