Ziller v. Atkins Motel Co., Inc.

ETHRIDGE, Chief Justice:

This case involves questions of the priority between a first purchase-money deed of trust and a subsequent mechanics’ lien; and if the mechanics’ lien is subordinate, whether it nevertheless is superior to the purchaser with notice of a trustee’s deed which foreclosed a second deed of trust. This appeal is taken under the authority of Mississippi Code 1942 Annotated, section 1650.5 (Supp.1968), so for the purposes of this appeal we consider it as if the Chancery Court of Clay County had decided all issues against appellant. We hold that although complainant Ziller’s…