Miller v. Lemon Tree Inn of Roanoke Rapids, Inc.

CLARK, Judge.

The issue upon appeal is whether the trial court erred in its conclusion of law that plaintiff Bank’s deed of trust had priority in the proceeds from the judicial sale of the Inn Site over defendant Fitts-Crumpler’s judgment lien against defendant LT-RR. Fitts-Crumpler has contended throughout that it perfected and enforced its materialmen’s lien against LT-RR pursuant to G.S. 44A-12 and 44A-13, and that by virtue of the “relation-back” effect of G.S. 44A-10, its lien against the leasehold of LT-RR was prior to plaintiffs’ deed of trust. (Fitts-Crumpler has not at any stage…