Becker Roofing Co. v. Farmers' & Merchants' Bank

This bill was filed to enforce a material-man’s lien upon the land upon which the improvement was made, and to have said lien declared superior to respondents’ mortgage, and to, in effect, cancel said mortgage so far as it relates to the homestead for the fact that said mortgage was invalid for the reason therein set forth, and this the complainant had the right, as a lienor, to question. Reid v. Allen, 183 Ala. 582, 62 So. 801.

The validity of the complainant’s claim and lien is not seriously questioned; the contention being that it was subsequent and subordinate to respondents’ mortgage.…