Stephens Wholesale Building Supply Co. v. Birmingham Federal Savings & Loan Ass'n

ALMON, Justice.

Stephens Wholesale Building Supply Company, Inc. (“Stephens Wholesale”), appeals from a summary judgment entered by the trial court in favor of Birmingham Federal Savings and Loan Association (“Birmingham Federal”), Miguel A. Die-guez III, and Nanette M. Dieguez in its action brought to establish a materialman’s lien and to declare the materialman’s lien superior to certain recorded mortgages encumbering the title to a certain parcel of residential property.

The parties stipulated to the following facts: On April 17, 1987, as security for a construction loan, Birmingham Federal…