Davis-Wellcome Mortgage Co. v. Long-Bell Lumber Co.

The opinion of the court was delivered by

Fatzer, J.:

The principal question presented is the priority of liens of a mortgagee and a mechanic’s lien holder where construction ■of houses on real estate covered by the mortgage was begun the day :after the mortgage was executed and delivered, but the day before it was recorded.

Floyd L. Durham and his wife were the owners of eight unimproved lots in Eastview Heights subdivision in the city of Newton. On June 28, 1955, they obtained a loan from plaintiff and executed and delivered their promissory note and mortgage upon lots 2, 3, 4, 5, 6 and 7,…