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MILL CREEK LUMBER v. FIRST UNITED BANK

No. 109,596. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

278 P.3d 12 (2012)

2012 OK CIV APP 53

MILL CREEK LUMBER & SUPPLY COMPANY, Plaintiff/Appellee, v. FIRST UNITED BANK AND TRUST COMPANY, Defendant/Appellant, and Linda L. Williams; Unknown Occupants of 8209 S. Westway Road, Sapulpa, Oklahoma; and Country Investments, Inc., Defendants.

Court of Civil Appeals of Oklahoma, Division No. 4.

March 27, 2012.

Attorney(s) appearing for the Case

Tracy W. Robinett , Charles R. Swartz , Robinett & Murphy, Tulsa, OK, for Plaintiff/Appellee.

Heather Burrage , Burrage Law Firm, Durant, OK, for Defendant/Appellant.

P. THOMAS THORNBRUGH, Judge.

¶ 1 First United Bank and Trust Company (Bank) appeals the judgment of the district court that a materialmen's lien perfected by Mill Creek Lumber & Supply Company (Mill Creek) has priority over Bank's mortgages. We affirm the district court's decision.

BACKGROUND

¶ 2 In September 2007, Donald and Linda Williams (the Williamses) executed a $135,000 construction mortgage, as husband and wife, in favor of...

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