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PALMER v. FORREST, MACKEY & ASSOC.

39585, 39759.

251 Ga. 304 (1983)

304 S.E.2d 704

PALMER v. FORREST, MACKEY & ASSOCIATES, INC. et al. SHIVER et al. v. CITIZENS BANK OF AMERICUS et al.

Supreme Court of Georgia.

Rehearing Denied July 22, 1983.

Attorney(s) appearing for the Case

Myers, Fennessy & Skipper, James M. Skipper, Jr., for appellant (case no. 39585).

Randolph B. Jones, Jr., O. Wendell Horne III, Benjamin F. Easterlin IV, Charles O. Oxford, for appellees.

Charles O. Oxford, Randolph B. Jones, Jr., James M. Skipper, Jr., for appellants (case no. 39759).

Ellis, Easterlin & Peagler, Benjamin F. Easterlin IV, for appellees.

Rehearing Denied July 22, 1983. In Case No. 39759.

HILL, Chief Justice.

This appeal involves the relative priorities of an asserted equitable lien, materialmen's liens, and a deed to secure debt.

On January 7, 1982, Forrest, Mackey and Associates, Inc., a real estate company (the realtor), sold Lot 4 of Hidden Lakes Subdivision to Roby and Mackey Contractors, Inc. (the builder), by warranty deed. On January 11, 1982, the builder obtained a $64,000...

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