Mack Trucks, Inc. v. Dal-Tex Tire Service, Inc.

DIXON, Chief Justice.

This case presents a question of priority between two chattel mortgages.

The parties have agreed on a stipulation of the facts. On August 31, 1957, appellant, Mack Trucks, Inc., sold to James E. Walker of Dallas County a Mack Tractor for a consideration of $13,369.00. After the application of a down payment there remained an unpaid balance of $12,792.52 payable in monthly installments over a period of 36 months of $355.32 each.

At the time of the sale Walker executed an application for a Certificate of Title pursuant to Art. 1436-1, Vernon’s Ann. Penal Code. He also…