Patrick Lumber Co. v. Central Bank of Alabama, N.A.

ON REHEARING

HOLMES, Judge.

This court’s original opinion dated September 21, 1983, is withdrawn and the following is substituted therefore:

This is a case concerning a materialman’s lien.

Central Bank brought suit against the materialman, Patrick Lumber Company, Inc. (Patrick), to establish the priority of its mortgage over Patrick’s materialman’s lien. Patrick filed a counterclaim, alleging that its lien had priority and seeking judicial foreclosure according to the lien statutes.

From the pleadings and stipulations of the parties, the learned trial judge determined that Patrick’s lien was…