Certain Underwriters at Lloyd's, London v. Voris E. Kirkland, Connie Ruth Kirkland, Charles Edward Kirkland II, and…

Summary

The Alabama Supreme Court considered whether the Kirklands’ mortgage interests outrank the interests acquired by Certain Underwriters at Lloyd’s through assignment of a first‑mortgage claim. It held that the Kirklands’ retained interest in the first mortgage has priority over Underwriters’ interest in that mortgage, but that Underwriters’ first‑mortgage interest prevails over the Kirklands’ second‑mortgage interest. The court affirmed the trial court on the first issue and reversed it on the second.