Farmers State Bank of Brookshire v. Lewellen

MOORE, Justice.

This is an appeal from a Summary Judgment. Plaintiff, Farmers State Bank of Brookshire, hereinafter referred to as “plaintiff bank,” brought suit for damages against defendant, J. T. Lewellen, d/b/a Lew’s Diesel Marine Services, hereinafter referred to as “defendant Lewellen.”

Plaintiff bank alleged that prior to October 3, 1963, it was the holder of a promissory note executed by the owners of a documented fishing vessel known as Miss Telen; that said note was secured by a First Preferred Ship Mortgage covering the vessel. Plaintiff bank further alleged that a third party had…