Gamble's, Inc. v. Kansas City Title Insurance Co.

BLOODWORTH, Justice.

Appellant, Gamble’s, Inc., has filed an appeal from a ruling of the circuit court of Montgomery County, in equity, denying its judgment for materialman’s lien priority over a recorded mortgage of the appellee, Kansas City Title Insurance Company, and also from the trial court’s order denying appellant’s motion for rehearing.

Appellee has filed a motion in this court to strike the transcript and dismiss the appeal.

The facts are that appellant on October 5, 1964 obtained a judgment in the circuit court of Montgomery County, Alabama, against Frontier, Inc., and Mollie C.…