Overland Automobile Co. of Dallas v. Findley
Court of Appeals of Texas
Appeal from District Court, Harrison County; P. O. Beard, Judge. Action by M. Turney against A. E. Findley, the Overland Automobile Co. of Dallas, and another, with cross-action by the Overland Company. Judgment for plaintiff and for the Overland. Company against defendants, adjudging that plaintiff’s lien was superior to that of the company, and the company appeals.
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Appeal from District Court, Harrison County; P. O. Beard, Judge. Action by M. Turney against A. E. Findley, the Overland Automobile Co. of Dallas, and another, with cross-action by the Overland Company. Judgment for plaintiff and for the Overland. Company against defendants, adjudging that plaintiff’s lien was superior to that of the company, and the company appeals. Appellee M. Turney, who is the plaintiff, sued appellee Findley as maker, and the Sanders Overland Motor Company, a corporation, as indorser, of a promissory note, and to foreclose a chattel mortgage lien on a certain automobile.…
1Opinion of the Court
LEVY, J'.
(after stating the facts as above). The appellant by its assignment of error challenges the ruling of the trial court that the chattel mortgage lien held by the plaintiff was superior and should be paid out of the proceeds of the sale of the automobile in priority to the mechanic’s lien held by the appellant. The appellant predicates error upon the two grounds: (1) That under the Constitution and laws of the state a mechanic’s lien for the value of material and labor furnished is superior and payable prior to a registered chattel mortgage lien on the property; and (2) that the…
2Cases cited7 opinions
- Watts v. SweeneyIndiana Supreme Court · 1891
- American Type Founders Co. v. NicholsTexas Supreme Court · 1919
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- Drummond Carriage Co. v. MillsNebraska Supreme Court · 1898
- Jesse French Piano & Organ Co. v. ElliottCourt of Appeals of Texas · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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