Scheas v. Boston & Paris
Court of Appeals of Kentucky
CASE 63. — ACTION BY BOSTON & PARIS AGAINST JOHN SCHEAS IN WHICH OTHER MECHANIC LIEN CLAIMANTS INTERVENE FOR THE PURPOSE OF ENFORCING AND DETERMINING THE FRIORITY OF PLAINTIFFS MORTGAGE. Appeal from Crittenden Circuit Court, J. F. Gordon, Circuit Judge. From the judgment Sebeas appeals.
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CASE 63. — ACTION BY BOSTON & PARIS AGAINST JOHN SCHEAS IN WHICH OTHER MECHANIC LIEN CLAIMANTS INTERVENE FOR THE PURPOSE OF ENFORCING AND DETERMINING THE FRIORITY OF PLAINTIFFS MORTGAGE. Appeal from Crittenden Circuit Court, J. F. Gordon, Circuit Judge. From the judgment Sebeas appeals. CLASSIFICATION AND AUTHORITIES. 1. The court erred in adjudging that the material man’s liens of appellees were superior and preference liens to that of the mortgages of the appellant; and the court further erred in holding that the burden of proof was on the appellant or that he did not furnish sufficient…
1Opinion of the Court
Opinion op the Court by
Judge Barker
Reversing.
This action involves a question of priority between a mortgagee and certain materialmen who furnished building material used in the erection of the house by which the payment of the mortgage was secured. Chittenden and Whitehouse owned a lot. in Marion, Crittenden county, Ky., upon which they erected a two-story dwelling house. In order to secure funds sufficient to erect the building, they borrowed from the appellant, John Scheas, $2,700, for which they executed their notes, the payment of which was secured by a mortgage on the building and lot,…
2Cases cited1 opinion
- Foushee v. GrigsbyCourt of Appeals of Kentucky · 1876
3Cited by3 opinions
- Ideal Supplies Company v. UnderhillCourt of Appeals of Kentucky (pre-1976) · 1926
- Voss v. Home Loan & Building Ass'nCourt of Appeals of Kentucky · 1915
- Coral Ridge Clay Products Co. v. Louisville Trust Co.Court of Appeals of Kentucky (pre-1976) · 1928