Security Stove & Manufacturing Co. v. Sellards

The opinion of the court was delivered by

Hutchison, J.:

The priority between mechanics’ liens and mort*748gages is the only problem for consideration in this case. There is an appeal and a cross appeal.

The action was brought by a mechanic’s lienholder to foreclose its liens on two separate properties, making other lienholders and the holder of mortgages parties defendant. Liens were claimed separately on two city lots separated by a street and in different blocks but directly opposite each other and owned by the same party, who executed a mortgage on each of them separately to the same mortgagee…