Boykin v. . Logan

Clarkson, I.

The sole question presented by this appeal is whether furnishers of material and labor who have contracts directly with the owners of the property and file their claims as liens in the office of the clerk of the court shall be paid according to the priority of filing as prescribed by O. S., 2471, or shall be prorated among the claimants. We think they should be paid according to the priority of filing, as prescribed by O. S., 2471, and not prorated among the claimants.

To determine this controversy, we must examine the Constitution and statutes relative to the subject:

The…