Alexander Lumber Co. v. Kellerman

The Alexander Lumber Company, a corporation, filed a bill under the Liens act, (Cahill’s Stat. 1933, chap. 82,) in the circuit court of DuPage county, to foreclose a lien on certain premises in that county on account of material furnished the owners for the construction of a dwelling thereon. Eli Metcoff filed an intervening petition in the cause as holder and owner of a certain promissory note secured by a first deed of trust. The controversy presents a question of priorities between their liens. The master in chancery found that the lien of the holder of the note is superior to that of the…