Dixie Heating & Cooling Co. v. Bank of Gadsden
Court of Civil Appeals of Alabama
1Opinion of the Court
WRIGHT, Presiding Judge.
This is a dispute between a construction money mortgagee and a materialman as to priority of their respective liens.
The Bank of Gadsden (Bank) entered into a contract with Vandiver, the owner of a lot and a speculative building contractor, to furnish construction money up to the amount of $42,000, for the building of a house on the lot. In pursuance of the contract, Vandiver executed a mortgage of the lot to Bank on November 8, 1979. The mortgage was filed for record on November 15, 1979. (There was subsequently another mortgage executed and recorded in April 1980. We…
2Cases cited2 opinions
- Empire Home Loans, Inc. v. WC BRADLEY COMPANYSupreme Court of Alabama · 1970
- Kilgore Hardware & Bldg. Supply, Inc. v. MullinsSupreme Court of Alabama · 1980
3Cited by1 opinion
- Creditco Financial Services, Inc. v. CalvertSupreme Court of Alabama · 1994