Since they are of statutory origin, mechanics' liens must be classified and treated upon a different basis than other common liens, which owe at least a large part of their existence to the rules of the common law and equity. The rules governing the priorities of such liens are in many respects similar to those followed with regard to mortgages and other contractual liens. However, for various reasons, the rules as to, the priorities given to mechanics liens are sufficiently different to bear separate study. It is the purpose of this note to inquire into the particular question of priorities between mechanics' liens and mortgages, though necessarily in rather brief fashion. Although the inquiry has not been limited to Missouri statutes and cases, they have been considered somewhat more in detail than those from other jurisdictions.
Robert S. Eastin,
Mortgages - Priorities between Mortgages and Mechanics' Liens,
48 Bulletin Law Series.
Available at: http://scholarship.law.missouri.edu/ls/vol48/iss1/3