
    No. 735
    FIRST NAT. BANK OF VAN WERT v. COIL et al
    Ohio Appeals, Third District, Mercer County
    No. 373.
    Decided April 12, 1923
    This opinion has not been published except in Abstract.
    250. MECHANICS’ LIENS.
    Although seller retains title to materials used in construction of building, annexation to the real estate renders them subject to a mortgage on the real estate.
    Attorneys — Loree & Kloeb, Conn & Wright, fo: Bank; Clem V. Hoke. E. L. Bryson and E. E. Jaekson| for Coil.
   WARDEN, J.

Epitomized Opinion

The National Bank of Van Wert, Ohio, ñléd an action to foreclose a mortgage on certain land belonging to Coil. To this petition the Portable| Elevator Mfg. Company filed a cross-petition alleging' that it sold and delivered certain materials t Coil for the*, construction of a corn crib on his farm, The Elevator Company also claimed that it retains title to this building by contract and thereby tained a lien for the cost of the building. As lower court held for the defendant, the Bank prosecuted error. In holding that the Portable Elevator Company .had no claim as against the corn crib the Court of Appeals held:

1. As the material which went into the cril became part of the real estate, the defendant Man-ufaeting Company lost its claim to the same am also lost any lien which it may have had.  