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VARNER v. NEW HAMPSHIRE BANK

Nos. 264, 265, 266.

240 U.S. 617 (1916)

36 S.Ct. 409

60 L.Ed. 828

VARNER v. NEW HAMPSHIRE SAVINGS BANK. HAINES TILE & MANTEL COMPANY v. SAME. JACKSON-WALKER COAL & MATERIAL COMPANY v. SAME.

Supreme Court of United States.

Decided April 3, 1916.

Attorney(s) appearing for the Case

Mr. Chester I. Long, with whom Mr. J.A. Brubacher, Mr. George Gardner and Mr. A.M. Cowan were on the brief, for appellants.

Mr. Kos Harris and Mr. Samuel C. Eastman, with whom Mr. V. Harris, Mr. R.L. Holmes, Mr. C.G. Yankey and Mr. W.E. Holmes were on the brief, for appellees.

MR. JUSTICE McREYNOLDS delivered the opinion of the court.

This is a contest for priority between creditors of a bankrupt. Appellees claim under mortgages upon certain real estate in Wichita alleged to have been recorded before building operations on the property were commenced. Appellants maintain construction began prior to recordation and that they are secured by preferred mechanics' liens created by the Kansas statute. Disagreeing with the District Court but in...

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