B. M. Burgher Co. v. Barry

211 S.W. 457, 1919 Tex. App. LEXIS 536

Opinion

LEVY, J.

(after stating the facts as above).

The only question for decision on appeal is as to the priority of liens. According to the findings of fact, Grossman Company had a chattel mortgage lien on the property which was executed by Joseph Shahada on October 16, 1914; and the rental contract between defendant in error Childress and Joseph Sha-hada originated and began on December 3, 1914. At the time of the rental contract of December 3, 1914, the defendant in error Childress had been paid in full all rent due him to that date. In these facts it is believed that the chattel mortgage lien is superior to and has priority over any lien in this case of the landlord Childress. Brackenridge v. Millan, 81 Tex. 17, 16 S. W. 555.

The judgment on the cross-action is reversed, and judgment is here entered in favor of the plaintiffs in error, with all costs.

Footnotes

•

<&=jFor otter eases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes'