Davis-Wellcome Mortgage Co. v. Long-Bell Lumber Co.

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from a judgment in a mortgage foreclosure action, wherein the trial court determined the mechanic’s lien of the appellee (one of the defendants in the trial court), to have priority over the mortgage lien of the appellant (plaintiff). This appeal is only from that part of the judgment which determined the priority between the respective liens of appellant and appellee.

The principal question of law presented concerns the priority of liens where construction started on real estate covered by a mortgage which was executed…