Legal Opinion

The First National Bank of Fort Smith, Arkansas v. H. E. Mattingly, D/B/A Sanitary Plumbing Company

Court of Appeals for the First Circuit

Decided December 21, 1962No. 7059_1PublishedCited by 10 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

Appellant, The First National Bank of Fort Smith, Arkansas (mortgagee), sued to foreclose a mortgage on industrial property in Bryan County, Oklahoma. Appellee, H. E. Mattingly (lien claimant), asserted a mechanic’s and material-man’s lien against the property. The property was sold under court order and the amount of the lien claim deposited with the clerk. The trial court held the lien superior to the mortgage and the mortgagee appeals.

Before the foreclosure action was started in federal court the lien claimant brought an action in state court to enforce his lien…

2Cases cited6 opinions

  1. Hatahley v. United StatesSupreme Court of the United States · 1956
  2. Kelley v. Everglades Drainage DistrictSupreme Court of the United States · 1943
  3. United States v. Waldean HorsfallCourt of Appeals for the Tenth Circuit · 1959
  4. New York Life Ins. Co. v. CooperCourt of Appeals for the Tenth Circuit · 1948
  5. Edmund Maher and Zelora Maher v. Cities Service Pipe Line Company, a CorporationCourt of Appeals for the Tenth Circuit · 1960

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Olen F. Featherstone and Martha Featherstone v. Max BarashCourt of Appeals for the Tenth Circuit · 1965
  2. Claybrook Drilling Company, a Corporation v. Divanco, Inc., and Henry D. Hughes, in the Matter of Divanco, Inc., DebtorCourt of Appeals for the Tenth Circuit · 1964
  3. W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Young Electric Sign Company, a CorporationCourt of Appeals for the Tenth Circuit · 1963
  4. S. S. Silberblatt, Inc., and the Travelers Indemnity Company v. United States of America, for the Use and Benefit of Lambert CorporationCourt of Appeals for the Fifth Circuit · 1965
  5. Woods Construction Company, Inc., a Corporation v. Pool Construction Company, a PartnershipCourt of Appeals for the Tenth Circuit · 1963

5 more not listed; retrieve them via the Exa API.

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