Cardinal Kitchens, Inc. v. Home Supply Co.

ROBERT O. LUKOWSKY, Special Commissioner.

This appeal and cross-appeal arise out of matters ancillary to the foreclosure of a mortgage on Lot No. 1 of Oak Lawn Estates in Jefferson County. The precise problem presented is the relative priority of the second mortgage of the appellant and the materialman’s lien of the appellee.

The chronology of events which gave rise to this problem is as follows:

October 3, 1964 — appellee began to furnish materials.

December 30, 1964 — appellant furnished materials.

January 27, 1965 — appellant obtained second mortgage.

January 28, 1965 — appellant recorded second…