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DAVIS-WELLCOME MORTGAGE CO. v. LONG-BELL LUMBER CO.

No. 41,017

184 Kan. 202 (1959)

336 P.2d 463

THE DAVIS-WELLCOME MORTGAGE COMPANY, A Corporation, Appellant, v. THE LONG-BELL LUMBER COMPANY, now International Paper Company, Appellee.

Supreme Court of Kansas.

Opinion filed March 7, 1959.

Attorney(s) appearing for the Case

Milo M. Unruh, of Wichita, argued the cause, and Edward F. Arn, Richard F. Mullins, William P. Timmerman, H.R. Kuhn and C. W. Eisenbise, all of Wichita, were with him on the briefs for appellant.

Dale B. Stinson, Jr., of Wichita, argued the cause and was on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

The principal question presented is the priority of liens of a mortgagee and a mechanic's lien holder where construction of houses on real estate covered by the mortgage was begun the day after the mortgage was executed and delivered, but the day before it was recorded.

Floyd L. Durham and his wife were the owners of eight unimproved lots in Eastview Heights subdivision in the city of Newton. On...

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