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METROPOLITAN LIFE INS. CO. v. FIRST SECURITY BANK

No. 10742.

491 P.2d 1261 (1971)

94 Idaho 489

METROPOLITAN LIFE INSURANCE COMPANY, a corporation, Plaintiff-Appellant, v. FIRST SECURITY BANK OF IDAHO, a National Association, Jack L. King, Jay Bell, Defendants-Respondents. The TITLE INSURANCE COMPANY, a corporation, Plaintiff and Intervenor, Appellant, v. Jack L. KING, Jay Bell, Defendants in Intervention, Respondents.

Supreme Court of Idaho.

Rehearing Denied January 12, 1972.

Attorney(s) appearing for the Case

Eberle, Berlin, Kading, Turnbow & Gillespie, chartered, Boise, for appellants.

Brown, Peacock, Keane & Boyd, Kellogg, for appellees.

Rehearing Denied January 12, 1972. See 492 P.2d 1400.

SHEPARD, Justice.

This is an appeal from a summary judgment entered by the trial court establishing the relative priorities of liens in a mortgage foreclosure action. The trial court held that certain mechanic's and materialmen's liens were senior to the lien of a mortgage. That mortgage, although executed later than the effective date of the labor liens, was nevertheless...

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