Legal Opinion

Whitney Bank v. Triangle Construction Company, Inc.

Mississippi Supreme Court

Decided October 5, 2017No. 2016–CA–00728–SCTPublished

1Opinion of the Court

KING, JUSTICE, FOR THE COURT:

¶ 1. In this lien priority case, a property owner defaulted on his obligations, and the construction lender foreclosed the property. The general contractor had a materialman's lien on the property. At the foreclosure sale, the purchase price for the property was significantly lower than the total amounts owed. The sole issue before the chancery court was which lien had priority-that of the construction lender, or that of the contractor. The chancery court found that the contractor's lien had priority. Because the chancery court did not abuse its discretion, this…

2Cases cited9 opinions

  1. Armstrong v. ArmstrongMississippi Supreme Court · 1993
  2. McNeil v. HesterMississippi Supreme Court · 2000
  3. Cotton v. McConnellMississippi Supreme Court · 1983
  4. Peoples Bank & Trust Co. v. L & T DEVELOPERSMississippi Supreme Court · 1983
  5. FIRST NAT. BK. OF GREENVILLE v. VirdenMississippi Supreme Court · 1950

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