Ideal Supplies Company v. Underhill

Opinion of the Court by

Judge McCandless

Affirming.

The Kentucky Loan & Building Association No. 1 of Newport, Kentucky, sued Elmer O. Underhill to foreclose a mortgage on a house and lot in Newport. The Ideal Supplies Company asserted a materialman’s lien on the property. This was sold and the proceeds realized were insufficient to satisfy both liens. In the judgment priority was given the association and the company appeals. Aside from Underhill, further reference to the parties will be made in the names of the “association” and the ‘ ‘ company. ’ ’

An agreed stipulation of facts was filed from…