Lawson v. Brian Homes, Inc.

I believe the main opinion misinterprets the proper operation of Aa.Code 1975, § 35-11-211, and the doctrine of equitable subrogation. Section 35-11-211 begins by stating that a materialmen’s “lien as to the land and buildings or improvements thereon, shall have priority over all other liens, mortgages or incumbrances created subsequent to the commencement of the work on the building or improvement.” Aa.Code 1975, § 35-ll-211(a) (emphasis added).

As stated in Collateral Investment Co. v. Pilgrim, 421 So.2d 1274 (Aa.Civ.App. 1982),

“[t]he elements of equitable subrogation are as follows: (1) the…