McConnell v. Mortgage Investment Co. of El Paso

This litigation involves the priority of liens covering fourteen city lots and improvements thereon situated in Odessa, Texas, namely, (a) the McConnell vendor’s lien, held by petitioners, J. C. McConnell and the McConnell Land Co., Inc., (b) deed of trust lien held by respondent Mortgage Investment Company of El Paso, Texas and (c) various mechanics’ and material-men’s liens which the Mortgage Investment Company also holds by assignment.

Being of the tentative opinion that the Court of Civil Appeals had erred in its construction of this Court’s holding in Oriental Hotel Co. v. Griffiths, 88…