American Exch. Nat. Bank of Dallas v. Colonial Trust Co.
Court of Appeals of Texas
Appeal from District Court, Hill County; Horton B. Porter, Judge. Action by the Colonial Trust Company to foreclose a judgment lien against tbe American Exchange National Bank of Dallas and others. Judgment for plaintiff, and defendants appeal.
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Appeal from District Court, Hill County; Horton B. Porter, Judge. Action by the Colonial Trust Company to foreclose a judgment lien against tbe American Exchange National Bank of Dallas and others. Judgment for plaintiff, and defendants appeal. The suit was brought by the Colonial Trust Company to foreclose a judgment lien owned by W. J. Moon and to have such judgment lien declared to be first and prior to the lien of a deed of trust on the same land executed by W. J. Moon to Nathan Adams, trustee. The trial was before the court, whose decision awarded priority to the lien of plaintiff’s…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] The appellant bank predicates error in subordinating the lien of its deed of trust, which was prior in point of execution, to that of the judgment lien of the trust company, which was junior in point of creation. And the question is dependent, it is thought, upon whether or not the bank continued and protected the priority of the deed of trust by having the deed of trust, as required by article 6824, R. S., “filed with the clerk, to be recorded as required by law,” at the time of the creation of the judgment lien. The re quirement of tlie article, in…
2Cases cited4 opinions
- Holman v. Chevaillier's Adm'rTexas Supreme Court · 1855
- Snider v. MethvinTexas Supreme Court · 1883
- William Carlisle & Co. v. KingTexas Supreme Court · 1910
- Lessing v. GilbertCourt of Appeals of Texas · 1894
3Cited by10 opinions
- David v. RoeCourt of Appeals of Texas · 1925
- Fooshee v. SnavelyCourt of Appeals for the Fourth Circuit · 1932
- Oil Well Supply Co. v. WickwireDistrict Court, E.D. Illinois · 1943
- Anno v. United StatesUnited States Court of Claims · 1953
- Jones v. MacCorquodaleCourt of Appeals of Texas · 1919
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