Shade v. Wheatcraft Industries, Inc.

The opinion of the court was delivered by

Six, J.:

The issue for resolution in this real property case deals with the contested priority of purchase money mortgages and mechanics’ liens. The priority issue is raised by an action to foreclose mechanics’ liens and mortgages.

The Court of Appeals affirmed the trial court in an unpublished opinion. We granted the mechanics’ lienholders’ petition for review.

We resolve the priority contest in favor of the mechanics’ lien-holders, overrule Noll v. Graham, 138 Kan. 676, 27 P.2d 277 (1933), and reverse the Court of Appeals and the trial court.

Plaintiffs/m…