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GIBRALTAR MORTGAGE AND LOAN CORPORATION v. LERMAN

No. 3831.

346 S.W.2d 487 (1961)

GIBRALTAR MORTGAGE AND LOAN CORPORATION, Appellant, v. Charles LERMAN, Independent Executor of the Estate of Ben Levin, Deceased, Appellee.

Court of Civil Appeals of Texas, Waco.

May 4, 1961.

Attorney(s) appearing for the Case

Shannon L. Morris, Baytown, for appellant.

Neugent & Lilienstern, Texas City, for appellee.

McDONALD, Chief Justice.

This cause was brought by Charles Lerman, Independent Executor of the Estate of Ben Levin, deceased, against Gibraltar Mortgage and Loan Corporation (and others not involved in this appeal), to determine and have declared under the Declaratory Judgments Act, the respective rights of unsecured creditors and Gibraltar as a claimed matured secured creditor in the assets of the estate. Levin's estate consists of some $10,000 in assets and some...

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