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BAILEY MORTG. CO. v. GOBBLE-FITE LUMBER CO., INC.

89-1221.

571 So.2d 1104 (1990)

BAILEY MORTGAGE COMPANY v. GOBBLE-FITE LUMBER COMPANY, INC.

Supreme Court of Alabama.

November 30, 1990.

Attorney(s) appearing for the Case

Alicia J. Putt of Smyer, White & Putt, Birmingham, for appellant.

Robert H. Harris of Harris, Caddell & Shanks, Decatur, for appellee.

MADDOX, Justice.

The judgment of the trial court is reversed, and this cause is remanded for further proceedings on the authority of Bailey Mortgage Co. v. Gobble-Fite Lumber Co., 565 So.2d 138 (Ala.1990), wherein this Court held that "the holder of a prior mortgage that is superior to a mechanic's or materialman's lien who forecloses and purchases the property at the foreclosure sale does not lose its priority." 565 So.2d...

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