METAL SALES MFG. CORP. v. NEWTON

Nos. 1998-CA-000204-MR, 1998-CA-000262-MR.

12 S.W.3d 691 (1999)

METAL SALES MANUFACTURING CORPORATION, Appellant. v. Shelli NEWTON and Rodney Newton d/b/a S & R Poultry Construction, an Arkansas Partnership; Robert J. Boone, Sr. and Ruth Boone; Robert J. Boone, Jr. and Molly A. Boone; and Farmers' Bank & Trust Company, Appellees. Rogers Manufacturing Corporation, Appellant, v. Robert J. Boone, Sr. and Ruth Boone; Robert J. Boone, Jr. and Molly A. Boone; and Farmers' Bank & Trust Company, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 10, 1999.

Discretionary Review Denied by Supreme Court March 15, 2000.


Attorney(s) appearing for the Case

R. Michael Sullivan, Owensboro, KY, for Appellant Metal Manufacturing Corporation.

Edwin A. Jones, Elizabeth F. Bird, Henderson, KY, for Appellant Rogers Manufacturing Corporation.

William G. Craig, Jr., Owensboro, for Appellee Robert J. Boone, Sr., Ruth Boone, Robert J. Boone, Jr. and Molly A. Boone.

J. Christopher Hopgood, Henderson, for Appellee Farmers' Bank & Trust Company.

No brief filed for Appellees Shelli Newton and Rodney Newton d/b/a S & R Poultry.

Before: HUDDLESTON, McANULTY and SCHRODER, Judges.


OPINION

McANULTY, Judge:

This is a consolidated appeal in which we must decide whether the trial court correctly determined that a mortgage had priority over two materialman's liens. Because we find that a part of the mortgage was not for value and that a materialman's lien is created when labor is performed or materials are furnished pursuant to contract, we reverse the decision of the trial court.

An extensive review of the facts and chronological...

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