Peoples Bank v. Arbuckle

In proceedings to enforce a mortgage lien, claimants of materialmen’s liens being made parties defendant, it is stipulated that a mortgage for $10,000.00 upon described real estate was executed November 4th, 1919, and recorded November 29th, 1919; that during the month of September, 1919, the mortgagor owner “entered upon the construction and erection of a certain building upon the property described in said mortgage, and that when the said mortgage was executed and delivered the said building was then in the course of construction and erection.

“3rd. That the complainant knew at the time the…