Lucas Construction, Inc. v. Hugel

ALMON, Justice.

This appeal is from a summary judgment, made final pursuant to Rule 54(b), Ala.R.Civ.P., in favor of certain defendants in an action to establish and enforce a materialman’s lien. The defendants who are appellees here are successors in interest to a mortgagee which, after the statement of lien and this action were filed, foreclosed its mortgage on the subject property and took a foreclosure deed from the mortgagor. The question presented is whether the appellees are entitled to a summary judgment on the claim that the asserted lien is superior to their interest in the property.

L…