Union Homestead Ass'n v. Montegut

On Rehearing.

O’NIELL, C. J.

In the original opinion' rendered in this case it was conceded that, under the doctrine announced in Capital Building & Loan Ass’n v. Carter, 164 La. 388, 113 So. 886, and Central Lumber Co. v. Schroeder, 164 La. 759, 114 So. 644, the furnishers of materials would have liens superior in rank to the mortgage and lien of the homestead association if Mrs. Montegut had been the owner of the three lots when she entered into the contract with E. J. Stewart & Co. to construct the buildings, and when they were being constructed. The doctrine of the decisions cited is that,…