Marathon MacHine Tools, Inc. v. Davis-Lynch, Inc.

OPINION

MARGARET GARNER MIRABAL, Senior Justice.

This case involves competing claims to the right of possession of an industrial lathe that was purchased with stolen funds. The seller of the lathe claims it has a perfected security interest in the lathe, and the embezzlement victim, whose stolen funds were used to buy the lathe, claims it is a lien creditor by virtue of its equitable right to a constructive trust on the lathe.

In three interrelated issues, the seller, Marathon Machine Tools, Inc. (“Marathon”), contends the trial court erred by denying Marathon’s motion for summary judgment and…