Webber v. Frye

Stevens, J.- —

The controversy in this case involves the right of an existing mortgagee to have priority over a mechanics ’ lien, filed within 90 days after the last item was delivered on a com tract to furnish material for a dwelling house to be erected upon the mortgaged premises, by subrogation to the rights of prior mortgagees, whose claims were paid out of the proceeds of the existing lien and released of record at the instance of appellant. The following facts are without dispute in' the record:

On July 26, 1919, Harold L. Frye entered into a written contract with W. G. Walker, R. E.…