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HOME IMPROVEMENT LOAN CO. v. BREWER

No. 15440.

318 S.W.2d 673 (1958)

HOME IMPROVEMENT LOAN CO., Appellant, v. James BREWER et ux., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied November 7, 1958.

Attorney(s) appearing for the Case

Roy C. Coffee and Peter S. Chantilis, Dallas, for appellant.

Carter, Gallagher, Jones & Magee, and Harold A. Mueller, Dallas, for appellees.

YOUNG, Justice.

In this, a garnishment proceeding, appellant and third party defendants James Brewer, et ux., each filed motions for summary judgment, Rule 166-A, Texas Rules of Civil Procedure, claiming superior rights in and to the proceeds of a fire insurance policy paid into court, following loss by fire of the Brewer home at Mexia, Texas on June 16, 1957. On trial to the court of above motions, appellant loan company was awarded $923.92 of the fund impounded...

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