Fidelity Loan & Trust Co. v. Dennis

Citations

• 93 Va. 504
• 25 S.E. 546
• 1896 Va. LEXIS 104

Syllabus

<p>1. Mechanics’ Lien—Prior Deed of Trust—How Proceeds of Property Applied.—If a mechanics’ lien is recorded on property upon which there is a deed of trust, recorded before work began on the building or structure placed thereon, the deed of trust creditor is entitled to priority of satisfaction to the extent of the estimated value of the „ property without the improvements for which the lien is claimed. The value is to be estimated as of the date of sale, and may be fixed either directly by the court upon the testimony of witnesses, or by reference to a commissioner, subject to exceptions to his report.</p>