Miller v. Lemon Tree Inn of Wilmington, Inc.

MORRIS, Chief Judge.

The sole question for decision concerns whether the deed of trust securing Lemon Tree Inn’s note to Virginia National Bank is entitled to priority over a materialman’s lien claimed by Godley. The parties have asserted numerous theories in support of their contentions. However, the determinative question is whether the note and deed of trust to Godley on 25 October 1975 displaced its rights to a lien on the property. Because we hereinafter so find, it is inconsequential whether the defendant properly perfected its lien or whether the affidavit of non-commencement executed 6…