Kilgore Hardware & Bldg. Supply, Inc. v. Mullins

This action was commenced by Kilgore Hardware and Building Supply, Inc., to enforce a materialman's lien. Defendants are Terry Mullins and his wife, the owners of an equity of redemption in the property upon which Kilgore sought its lien, and First Colbert National Bank, the holder of three mortgages on that property. After a trial, the court entered a judgment denying Kilgore's claim to a lien. The court's judgment contained the following findings of fact: (1) that Kilgore had actual knowledge of First Colbert's mortgage; (2) that Kilgore had a general running account with Terry Mullins; (3)…