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NEW AND USED LUMBER AND SUPPLY v. WHITEHILL

No. 51454.

632 P.2d 1251 (1981)

NEW AND USED LUMBER AND SUPPLY, INC., Intervenor, Appellant, v. Ben F. WHITEHILL, Intervenor, Appellee.

Court of Appeals of Oklahoma, Division No. 2.

Release for Publication August 13, 1981.

Attorney(s) appearing for the Case

H.J. Mesigh, Theimer, Mesigh & Page, Oklahoma City, for appellant.

Karen Henson, Henson, Henson & Henson, Shawnee, for appellee.

Release for Publication by Order of Court of Appeals August 13, 1981.

BRIGHTMIRE, Judge.

The ultimate question is whether, under the unusual existing factual circumstances, the trial court correctly concluded that an unrecorded second mortgage lien possessed priority over a subsequent perfected materialman's lien. We hold it did and affirm.

I

The orientational facts are that Parker Square, Inc., whose stock was owned half by C. Owen Parker...

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