ART. 63] PREFERENCE OF LIEN. 1461

Where prior to the commencement of a building, a Judgment is confessed
as security for certain future advances, the Judgment has priority over a
mechanics' lien, although the advances were not actually made until after
the building was commenced. Robinson v. Consolidated Real Estate Co., 55
Md. 111.

This section applies to a lien for materials, as well as for labor. This
section applied. Rosenthal v. Maryland Brick Co., 61 Md. 594 (explaining
Robinson v. Consolidated Real Estate Co., 55 Md. 111.) Cf. Heath v. Tyler,
44 Md. 317.

Where a machine against which a mechanics' lien claim has been filed, is
sold in equity en masse with real estate, with an agreement that the whole
was to be sold free from incumbrances, the lien claimant is entitled to share
in the proceeds, and to that end the relative value of the real estate and
machinery may be proven. Wells v. Canton Co., 3 Md. 242 (overruling Jones
v. Hancock, 1 Md. Ch. 190).

The lien of a machinist on a machine which he builds and then puts up in
a factory which is subject to a prior mortgage, is subordinate to the mort-
gage—see section 22. Denmead v. Bank of Baltimore, 9 Md. 183. And see
Jones v. Hancock, 1 Md. Ch. 189. Cf. McKim v. Mason, 3 Md. Ch. 210.

As to when the building has been commenced within the meaning of this
section, see Kelly v. Rosenstock, 45 Md. 392; Jean v. Wilson, 38 'Md. 295;
Brooks v. Lester. 36 Md. 70.

This section has no application to vessels—see notes to section 47. The
Marcelia Ann, 34 Fed. 143.

Cited but not construed in Fllston Farm Co. v. Heuderson, 106 Md. 373;
McLaughlin v. Reinhart, 54 Md. 76.

See sec. 9 and notes.

As to mechanics' Hens not being Impaired by exemptions from execution,
see art. 83, sec. 12.

1904, art. 63, sec. 16. 1888, art. 63, sec. 16. 1860, art. 61, sec. 16.
1838, ch. 205, sec. 8.

16. If the building against which any claim shall be filed under
this article or any of the ground adjacent thereto shall be sold under
judgment or decree on mortgage, or any other decree or process of any
court of law or equity, or by a trustee of an insolvent debtor, before
the extent of the lien of the claimant shall be ascertained as before
directed, the court from which execution issued, or which passed such
decree, or by which such trustee was appointed, may determine the
respective rights of the parties and the apportionment and appropria-
tion of all liens and for that purpose may appoint an auditor to inquire
into and report the facts; or, upon application of any of the parties,
may direct an issue to try the facts and may decree distribution
accordingly.

Where a machine against which a mechanics' Hen claim has been filed, is
sold in equity en masse with real estate, with an agreement that the whole
was to be sold free from incumbrances, the Hen claimant is entitled to share
in the proceeds, and to that end, the relative value of the real estate and
machinery may be proven. Wells v. Canton Co., 3 Md. 242 (overruling
Jones v. Hancock, 1 Md. Ch. 190). And see McKim v. Mason, 3 Md. Ch. 186.

Ibid. sec. 17. 1888, art 63. sec. 17. 1860, art. 61, sec. 17.
1838, ch. 205, sec. 10. 1890, ch. 107.

17. Each person entitled to such lien shall file a claim or statement
of his demand in the office of the clerk of the circuit court for the county
or the superior court of Baltimore city, as the case may be, and such
claim or statement shall be re-delivered by the clerk to the party filing
the same after it has been recorded as provided in section 18.

Cited but not construed in Franklin Ins. Co. v. Coates, 14 Md. 296.

See sec. 23 and notes.