McDonnell v. Amo

This is a contest between materialmen and a mortgagee as to which has the superior lien on a lot of land in Memphis. The former began furnishing material be fore the mortgage was executed and recorded, and, nothing further appearing, have the superior lien. Green v. Williams, 92 Tenn., 229.

It is contended that the sheriff did not levy the attachments upon the land but only upon the equity of the mortgagor therein. His return shows that he levied it upon “all the right, title and interest” of the mortgagor in the land. This is equivalent to a levy upon the laird. 6 Corpus Juris, 233.

Counsel…