Nunemaker v. Kulhavy

The issue presented on this appeal may be briefly stated as follows: Is plaintiff entitled to have his claim *963for mechanics ’ lien established, and if so, what is the order of priority (1) as between plaintiff and a first-mortgage lien holder, and (2) as between plaintiff and a second-mortgage lien holder?

The trial court established the claim for a mechanics’ lien on the real estate involved, and determined the priority: (1) the first mortgage lien, (2) the mechanics’ lien, and (3) the second mortgage lien. In other words, plaintiff Nunemaker was unsuccessful in securing a judgment of priority…