Hughey v. Cadenhead

WELCH, Justice.

The question presented by the appeal is whether the liens of mechanic’s and ma-terialmen’s claims are entitled to priority in payment over the lien of a real estate mortgage from the proceeds of a sale of the property to which they attach under the circumstances presented.

On December 3rd, 1960, J. B. & Lee Cadenhead executed and delivered their promissory note in the sum of $4,749.00’ payable three months from date, in favor of plaintiffs William L. Hughey, Thelma J. Hughey and Gerald C. Pickering as part of the consideration for purchasing- from William L. Hughey and Thelma J.…