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MIDLAND MORTG. v. SANDERS ENGLAND INVESTMENTS

No. 58629.

682 P.2d 748 (1984)

MIDLAND MORTGAGE COMPANY, an Oklahoma corporation, Appellant, v. SANDERS ENGLAND INVESTMENTS, an Oklahoma General Partnership, et al., Defendants, and Hammond Engineering Company, an Oklahoma corporation, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied June 18, 1984.

Attorney(s) appearing for the Case

Blackstock, Joyce, Pollard, Blackstock & Montgomery by Edward F. Montgomery, and William F. Smith, Tulsa, for appellant.

Sublett, McCormick, Andrew & Keefer by Joseph A. McCormick and Lynn Swander, Tulsa, for appellee.

HODGES, Justice.

The dispositive issues on certiorari are whether surveying by an engineering firm prior to the recordation of a mortgage is a superior lien to that of the mortgage lien; and if Hammond Engineering Company, appellee, is estopped from asserting its mechanic's and materialman's lien.

Hammond Engineering Company orally agreed to perform all engineering work in conjunction with development of realty owned...

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