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McCONNELL v. MORTGAGE INV. CO. OF EL PASO

No. 5119.

292 S.W.2d 636 (1955)

J. C. McCONNELL et al., Appellants, v. MORTGAGE INVESTMENT COMPANY OF EL PASO et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied March 28, 1956.

On Motion for Rehearing June 7, 1956.

Second Motion for Rehearing Denied June 27, 1956.

Attorney(s) appearing for the Case

Blanton & McMahon, Odessa, for appellants.

Burges, Scott, Rasberry & Hulse, J. L. Rasberry and Schuyler Marshall, El Paso, for Mortgage Investment Co.

Isaacks & Ward, El Paso, for Chaney & Singleton Bros.

FRASER, Justice.

This is an appeal from a judgment in favor of the plaintiff Mortgage Investment Company of El Paso, Texas, rendered in the trial court, which judgment held that the deed of trust and mechanics' and materialmen's liens of plaintiff, appellee, were superior to the vendor's lien of appellants, J. C. McConnell and J. C. McConnell Land Company, Inc. The judgment also provided for debts and foreclosures against Chaney & Singleton Bros., but these last...

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