Grider v. Mutual Federal Savings & Loan Ass'n

WILHOIT, Judge.

This appeal is from a judgment of the Russell Circuit Court adjudging a mortgage to the appellee, Mutual Federal Savings and Loan Association, to be superior to the ma-terialmen’s lien of the appellants, Ralph Roy and Kenneth Grider.

The dispositive question presented to us on this appeal is whether the appellee association had actual notice of the equities of the materialmen prior to the time it disbursed all of the proceeds of a construction loan to a builder, so as to render the lien of the materialmen on certain premises superi- or to the mortgage of the association to the…