State v. Lincoln Corp.

CLAYTON, Justice.

Our prior opinion in this cause is withdrawn, and this opinion is substituted in lieu thereof.

This is a suit in the nature of an action to collect delinquent personal property taxes, under the provisions of Tex.Rev.Civ.Stat. Ann. art. 7269 (Vernon 1960). Appellant, State of Texas, brought this action against defendants, some of whom were secured creditors of Residential Enterprises, Inc., d/b/a Litman Mobile Homes (Litman). Appellant non-suited all parties defendant except appellees Oak Cliff Bank & Trust Company and Grady Willis. The trial court, without a jury, entered…