Thompson v. Apollo Paint & Body Shop

OPINION

MURPHY, Justice.

This is an appeal from a judgment in favor of the holder of a mechanic’s lien awarding him title to and possession of a Corvette automobile which requires us to determine the meaning of “possession” as that term is used in Chapter 70, Subchapter A, of the Texas Property Code entitled “Possessory Liens.”

In September of 1983 Apollo Paint & Body Shop (“Apollo”) repaired a Corvette automobile which was owned by Leonard Boedecker. On September 28, 1983, Boe-decker paid Apollo $2,387.00 by check for the repairs and Apollo released the car to him. Soon thereafter Boedecker…