R. B. Spencer & Co. v. Texas Pacific Coal & Oil Co.

LATTIMORE, Justice.

Appellee sued defendants, not appealing, for debt and foreclosure on real estate, and made appellant a party as asserting a lien claimed by appellant to be superior but in fact, as alleged by appellee, inferior to appellee’s lien.

The trial court resolved the issues in favor of appellee and appellant has appealed, the only issue being the priority in rank of the liens.

Appellant made a supersedeas bond and the case is in this court awaiting trial. Recently, appelle'e has had issued in the court below an order of sale on the judgment of the trial court, and appellant prays…