Pilcher v. E. R. Porter Co.

With respect to the relative rights of lienors and prior mortgagees, under sections 4754 and 4755 of the Code, declaring and defining the liens of mechanics and, materialmen, and the remedies for their enforcement, the following propositions seem to be clearly settled by our decisions:

1. Where a new building or. structure is erected on land which is already subject to a mortgage or other incumbrance, as to the land, the lien is subordinate to the prior incumbrance, hut, as to the building or structure, • the lien is superior to such incumbrance; the theory being that, so far as the lienor is…