MBank El Paso National Ass'n v. Featherlite Corp.

OPINION

KOEHLER, Justice.

This appeal presents a relatively simple question on priority of lien claims to funds interpled into court. The trial court, finding that neither party had a security interest in the funds, divided them equally between the two claimants, each of which appealed from the judgment claiming entitlement to the entire amount because of a superior security interest. We reverse and render.

R.E. McKee, Inc., the general contractor for the Brock Residence Inn of El Paso, subcontracted with DMR Associates for the masonry work. DMR, in turn, contracted with Featherlite Corporation…