McKinney v. Eunice Electric Theatre Co.

The issues in this case are the same as those in the case of D. C Rose, Jr., v. Eunice Electric Theatre Co., Ltd. (No. 25544) 97 South. 322,1 this day de*95cided. As in the case cited, the Interstate Trust & Banking Company is the third opponent, and asserts its claim to be paid by preference over McKinney, because of its prior recorded mortgage, as it did over Rose’s claim, on the same mortgage, in the case cited.

McKinney was the foreman of construction in the erection of the theater building, and the balance due him, as shown by the evidence, is $5,142.

Unlike the Rose Case, it does not appear…