Planters Lumber Company v. Wilson & Company

Lyle Brown, Justice.

This appeal questions the correctness of the decree of the chancellor, declaring the mortgage lien of appellee, The Wilson Company, Inc., superior to the materialman’s lien of appellant, Planters Lumber Company, Inc. Wilson advanced certain monies to Boy Stillman under a construction mortgage. Upon default by Stillman, Wilson brought foreclosure proceedings and made Planters a party, the latter having filed a lien for materials supplied in the construction of a house on each of the two lots mortgaged. The bill for materials and its timely filing are not in dispute. Both…