B. M. Burgher Co. v. Barry
Court of Appeals of Texas
Error from District Court, Kaufman County; Joel A. Bond, Judge. Action by B. M. Burgher & Co. and others ■against O. E. Barry and others. From part of the judgment in favor of one of the defendants on a cross-action, the plaintiffs bring error. The plaintiffs in error sued Joseph Sha-hada and C. C. Fox on certain notes and to foreclose a chattel mortgage on a soda fountain and appliances.
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Error from District Court, Kaufman County; Joel A. Bond, Judge. Action by B. M. Burgher & Co. and others ■against O. E. Barry and others. From part of the judgment in favor of one of the defendants on a cross-action, the plaintiffs bring error. The plaintiffs in error sued Joseph Sha-hada and C. C. Fox on certain notes and to foreclose a chattel mortgage on a soda fountain and appliances. The defendant in error Childress, made a party to the suit, by cross-action sought to have the landlord’s lien foreclosed on the same property to pay $180 rent alleged to be due and unpaid. The case was…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
The only question for decision on appeal is as to the priority of liens. According to the findings of fact, Grossman Company had a chattel mortgage lien on the property which was executed by Joseph Shahada on October 16, 1914; and the rental contract between defendant in error Childress and Joseph Sha-hada originated and began on December 3, 1914. At the time of the rental contract of December 3, 1914, the defendant in error Childress had been paid in full all rent due him to that date. In these facts it is believed that the chattel mortgage lien is superior…
2Cases cited1 opinion
- Brackenridge v. MillanTexas Supreme Court · 1891
3Cited by7 opinions
- American Type Founders' Co. v. NicholsTexas Supreme Court · 1919
- Cave v. Talley Co.Court of Appeals of Texas · 1927
- Radford v. Bacon Securities Co.Court of Appeals of Texas · 1929
- Gray v. McFaddinCourt of Appeals of Texas · 1928
- American Type Founders Co. v. NicholsTexas Supreme Court · 1919
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