PLANTERS LUMBER COMPANY v. WILSON COMPANY

No. 5-4108.

413 S.W.2d 55 (1967)

PLANTERS LUMBER COMPANY, Inc., Appellant, v. The WILSON COMPANY, Inc., Appellee.

Supreme Court of Arkansas.

Rehearing Denied April 10, 1967.


Attorney(s) appearing for the Case

H. B. Stubblefield, Little Rock, for appellant.

Owens, McHaney & McHaney and Robinson, Thornton, McCloy & Young, Little Rock, for appellee.


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 Roy 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...

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