Wimberly v. Mayberry & Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. Wm. W. Wilkerson. The facts are fully stated in the opinions of Coleman, J., and ■Stone, O. J., and no further statement is necessary. — Wimberly’s mortgage, which was prior in date and duly recorded, gave him priority of lien and right over any statutory lien which may have afterwards supervened, both on the land itself, and on the unfinished house as it stood before any additional work or material…
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Appeal from the City Court of Birmingham, in equity. Heard before the Hon. Wm. W. Wilkerson. The facts are fully stated in the opinions of Coleman, J., and ■Stone, O. J., and no further statement is necessary. — Wimberly’s mortgage, which was prior in date and duly recorded, gave him priority of lien and right over any statutory lien which may have afterwards supervened, both on the land itself, and on the unfinished house as it stood before any additional work or material was expended on it; and any statutory lien after-wards acquired must be subordinate to this prior and paramount lien.…
1Opinion of the Court
-COLEMAN, J.
— The agreed facts, as we construe them, are substantially as follows: On the 26th day’of October, 1889, one R. M- Mulford, being then the owner in fee of a lot. and dwelling and other improvements thereon in the city of Birmingham, obtained a loan of four thousand dollars from T. P. Wimberly, and secured the same by a mortgage of tie lot, *243dwelling and improvements; and, as a further security, the mortgage provided that the dwelling should be insured for the benefit oí the moitgagee. The mortgage was regularly acknowledged and recorded. Before the 2d day of June, 1890, the…
2Cases cited15 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Lehman v. RobinsonSupreme Court of Alabama · 1877
- Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
- Chandler v. HannaSupreme Court of Alabama · 1882
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
- Bailey Mortg. Co. v. Gobble-Fite Lumber Co.Supreme Court of Alabama · 1990
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
- Woods v. Postal Telegraph-Cable Co.Supreme Court of Alabama · 1920
- Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
46 more not listed; retrieve them via the Exa API.