JONES VS. SAMCOCK. 139

The property sold by the trustee in the case, consisted of a

certain lot and buildings in the city ef Baltimore, and the ma-
chinery and fixtures attached to and connected therewith,
which had been mortgaged by Hancock and Mann, to Dawson
and Norwood, by three several deeds of mortgage, the first of
which was executed on the 31st day of July, 1845,

The trustee, whose sate was made on the 16th February,
1847, sold the property in the lump, for the round sum of
twenty-thousand five hundred dollars, and the sale was finally
ratified and confirmed on the 14th June, 1847, after public no-
tice duly given, and without exception.

The proceeds are insufficient by many thousand dollars, to
pay the vendor's lien for the balance of the purchase money of
the lot, and the amount due on the mortgages to Dawson and
Norwood, which were assigned to Samuel Jones, Jr., and by
him to Wynn and Ross.

These creditors, Wells and Miller, and Edward G. Dorsey,
claim to have a lien upon the proceeds of sales, upon the
ground, that the sums due them, are for work done, and mate-
rials found, for machinery put up in the factory, which was
erected upon the premises, and they rely upon the 4th section
of the act of 1845, chapter 176, being a supplement to the act
of 1838, chapter 205, relating to the lien of mechanics, and
others upon buildings.

The fi^st section of this act declares, "that the work done,
and materials furnished for, or about the erection or construc-
tion of any building," &c., "shall only be preferred to every
other lien or incumbrance, which attached upon such building
subsequent to the commencement of the same, and the ground
covered by, and necessary for the ordinary and useful purposes
of such building. But, if there be liens on the property prior
to the commencement of the building upon which the work is
done, or for which the materials are found, it follows that the
lien, if for the work and materials, must be postponed to such
prior incumbrance.

And the 4th section, relied upon by these creditors, says,
"that every machine hereafter to be erected, constructed, or re-