DEMPSEY v. MERCHANTS NAT. BANK

No. 86-208.

729 S.W.2d 150 (1987)

292 Ark. 207

James DEMPSEY & Jan Taylor, d/b/a J & J Plumbing Company, Appellants, v. MERCHANTS NATIONAL BANK OF FORT SMITH, Arkansas, Appellee.

Supreme Court of Arkansas.

May 18, 1987.


Attorney(s) appearing for the Case

Phillip J. Taylor, Fort Smith, for appellants.

David B. Vandergriff, Fort Smith, for appellee.


HICKMAN, Justice.

This case presents a question of priority between a materialman's lien and a mortgage. The mortgage was filed before work commenced on the building site, but it was filed on the wrong property. A corrected deed and mortgage were later filed on the right property. The trial judge held the mortgage had priority. We disagree and reverse the decree.

The facts are that the landowners, Pat and Charlotte McGowan, obtained a deed to a small tract...

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