Lary v. Jones

BOULDIN, Justice.

Upon the erection of new buildings on lands, the materialman’s lien as to such buildings is superior to the lien of a mortgage upon the lands given prior to the beginning of construction work on such buildings.

Such materialman’s lien may be enforced by a sale of the buildings through judicial proceedings and removed from the lands. Code 1923, § 8833.

In a suit at law or by bill in equity to declare and enforce such materialman’s lien, the prior mortgagee may be made a party; but he need not be, and, if not, he is not bound by the judgment or decree. Code, § 8844.

In that event,…