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FRYMAN v. McGHEE

No. 2485.

108 Ohio App. 501 (1958)

FRYMAN ET AL., D. B. A. FRYMAN & KUCK, APPELLEES, v. McGHEE ET AL., APPELLEES; BARNES, D. B. A. IRA W. BARNES' SONS, ET AL., APPELLANTS.

Court of Appeals of Ohio, Montgomery County.

Decided October 20, 1958.

Attorney(s) appearing for the Case

Messrs. Coolidge, Wall & Wood,for appellee The Winters National Bank & Trust Company.

Mr. Harold F. Demann, for appellant Ira W. Barnes' Sons.

Messrs. Shaman, Winer, Shulman & Ziegler, for appellants Charles C. Bowman & Son and Edgemont Builders Supplies, Inc.

CRAWFORD, J.

This is an appeal on questions of law and fact. The issue presented is that of priority between a real estate mortgage given by the owners, William H. McGhee and Martha Z. McGhee, to the defendant-appellee, The Winters National Bank & Trust Company, on the one hand, and mechanics liens claimed by the defendants-appellants, Ira W. Barnes, doing business as Ira W. Barnes' Sons, Charles Bowman and Son, and...

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