McConnell v. Mortgage Investment Co. of El Paso

Justice Culver, joined by Justices Smith and Griffin,

dissenting.

I agree to the majority opinion in holding that the deed of trust lien in favor of Mortgage Investment Company did not lose its priority to the McConnell vendor’s lien merely because of the acceptance of the “Owner-Contractor Bond,” but I am not in accord with this decision in so far as it holds that the mechanics’ and materialmen’s liens are inferior to the McConnell vendor’s lien.

The majority says “The all important element in the present litigation is the time of inception of the mechanics’ and materialmen’s liens.” The…