Liquid Carbonic Acid Manufacturing Co. v. Lewis

75 S.W. 47, 32 Tex. Civ. App. 481, 1903 Tex. App. LEXIS 311

• Court: Court of Appeals of Texas
• Decided: May 20, 1903
• Status: Published

Opinion

FISHER, Chief Justice.

—Under the authority of Security Company v. Panhandle National Bank, 93 Texas, 575, the trial judge erred ;in reaching the conclusion that it was necessary for the appellant to show that it had a permit to do business in Texas before it could maintain this suit; but however, upon the main question involved in the case, the judgment must be affirmed.

It may be conceded that the superior title to the property in question -was in the appellant before the mortgages set out in the findings of fact were executed, but there was a delay upon the part of the appellant in forthwith having its mortgage recorded, so as to give it the standing of a prior lien over the rights of the appellee as a landlord. Upon this subject, we regard the case of Austin v. Welch, 6 Texas Ct. Rep., 960, as decisive of the question. It is there held that the landlord is a creditor within the meaning of the statute, and that his landlord’s lien will prevail over ,a mortgage executed by the tenant upon the property on which the landlord would have a lien, where the mortgagee does not forthwith, as the statute requires^ file for record his mortgage.'

We are of the opinion a proper predicate was laid for the admission of evidence of the contents of the lease executed by Woody to Lewis.

, The judgment is affirmed.

Affirmed.