Buell Realty Note Collection Trust v. Central Oak Investment Co.

ON APPLICATION FOR WRIT OF ERROR

This is a controversy between a mortgagee, petitioner, and the landowners, respondents, over the proceeds of an award in an eminent domain proceeding. Part of the land on which petitioner holds a lien to secure its indebtedness was condemned for public use, and the amount of the award was deposited by the condemning authority in the registry of the County Court at Law. Petitioner then brought this suit in district court. The trial court held that respondents are entitled to the entire award, and the Court of Civil Appeals affirmed. 483 S.W.2d 24.

Petitioner…