McKAY, Justice.
Appellant Carney's Lumber Company (Carney) filed suit against appellee Lincoln Mortgage Investors (LMI) seeking the foreclosure of a constitutional mechanic's lien. Both parties filed motions for summary judgment, and the trial court granted LMI's motion; Carney has appealed from that judgment.
In August, 1974, Carney supplied materials to Jim Whitton Builder, Inc., (Builder) for the construction of a home. During that same month, LMI took...
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