Irving Lumber Company v. Alltex Mortgage Company

REAVLEY, Justice.

We grant the motion for rehearing filed by Alltex Mortgage Company, set aside our former judgment, withdraw our opinion of February 3, 1971 and affirm the *342judgment of the court of civil appeals with the following opinion.

Irving Lumber Company has held a mechanic’s and materialman’s lien on land against which Alltex Mortgage Company also held a vendor and deed of trust lien. Judgment in the cause turns on the effect upon the mechanic’s and material-man’s lien of foreclosure and sale pursuant to the power in the deed of trust. The trial court directed a verdict in favor of…