Irving Lumber Company v. Alltex Mortgage Company

DIXON, Chief Justice.

This suit was filed by appellant Irving Lumber Company, a corporation, against two defendants: Alltex Mortgage Company, Inc., appellee here, and Merit Homes, Inc. Appellant will hereinafter be referred to as Lumber Company and appel-lee as Alltex.

Lumber Company seeks a declaratory judgment against Alltex establishing the priority of its mechanic’s and material-man’s liens over deed of trust liens of All-tex, on four pieces of property, including residential improvements thereon; and seeks also judgment pursuant to a stipulation between the parties.

Lumber Company sought…