Baxter v. Cherryvale Oil Co.

*622The opinion of the' court was delivered by

Porter, J.:

C. P. Baxter loaned $10,000 to the Cherryvale Oil Company and took its note and a mortgage on its leasehold interests in certain lands. In an action to foreclose the mortgage cross-petitions were filed by a number of defendants setting up mechanics’ liens. Judgment was rendered foreclosing the mortgage and the liens, and giving priority over the mortgage to the liens.

The plaintiff appeals from a judgment giving priority to two of the liens: that of E. M. Dack & Son for $1,127.11 and the Beeler & Campbell Supply Company for $1,937.01.

In…