Mediterranean Corp. v. Pappas

146 So. 106, 107 Fla. 876

• Court: Supreme Court of Florida
• Decided: February 23, 1933
• Status: Published

Opinions

Per Curiam.

This is a companion ease to that of A. W. Kurz v. D. Pappas, and others, recently considered by us, 146 So. 100, 147 So. 271. Both cases were argued together. Both are appeals from final decrees. Each is controlled by the principles of law and equity heretofore laid down in Sandquist & Snow, Inc. v. Kellogg, 101 Fla. 568,133 Sou. Rep. 65, 101 Fla. 579, 136 Sou. Rep. 235.

In the instant ease the right to a priority in the property involved, as between appellant, a mortgage assignee, and the owner of the fee, one Patehen, a subsequent grantee under the purchaser at a mechanic’s lien foreclosure, was litigated. The master held, and the Chancellor sustained his ruling, that under the evidence submitted, the adjudicated lien for labor and materials under which appellee claimed, accrued prior to the date of the mortgage. Foreclosure of the mortgage as against the mechanic’s lien was denied and the bill of complaint was ordered dismissed without prejudice to- any other right of the mortgage holder.

The ruling should be affirmed on the authority of the companion case to this, decided at the present term.

Affirmed.'

Whitfield, P. J. and Terrell and Davis, J. J., concur. Buford, C.J., concurs in the opinion and judgment.

Piled under Rule 21-A.