The Weitz Company v. Nicholas Heth

Summary

The court held that the mechanics-lien priority statute does not bar equitable subrogation to a superior lien that was recorded before construction began. It further held that a party may qualify for equitable subrogation after paying the portion of a mortgage allocated to a particular parcel and obtaining a full release of that parcel, because the original mortgagee is not prejudiced. The court vacated the appellate decision, reversed the trial court's partial summary judgment, and remanded for determination whether equitable subrogation is warranted under the case's facts.