PLANTERS LUMBER CO. v. JACK COLLIER EAST CO.

No. 5-2646.

356 S.W.2d 631 (1962)

PLANTERS LUMBER CO., Inc., et al., Appellants, v. JACK COLLIER EAST CO., Inc., Appellee.

Supreme Court of Arkansas.

April 30, 1962.


Attorney(s) appearing for the Case

H. B. Stubblefield, Little Rock, for appellants.

Rose, Meek, House, Barron, Nash & Williamson, Stanley E. Price, Moses, McClellan, Arnold, Owen & McDermott and James R. Howard, Josh W. McHughes, Little Rock, for appellee.


McFADDIN, Justice.

This is a controversy for priority as between a construction money mortgage and materialmen's liens; and necessitates a study of our Lien Statutes (§ 51-601 et seq., Ark.Stats.) The Chancery Court held that the construction money mortgage had priority; and the materialmen have appealed.

The facts are stipulated. Mr. Creed undertook to erect a residence for himself. On October 31, 1959, at his order, Big Rock Stone & Material Company...

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