GMC Superior Trucks, Inc. v. Irving Bank & Trust Co.

OPINION

McDONALD, Chief Justice.

This is an appeal from summary judgment for plaintiff Irving Bank foreclosing plaintiff’s Security Interest Lien on a 1966 Dodge diesel truck. The judgment held plaintiff Irving’s Security Interest Lien superior to defendant GMC Superior Trucks’ lien for repairs to the vehicle.

The facts are undisputed, and the sole issue is the priority of the liens of Irving and Superior.

In 1968 George Schipp executed a note to Irving Bank, and to secure such note executed a security agreement granting Irving a security interest in a 1966 Dodge diesel truck. On June 7, 1968…