GUMMELT v. SOUTHWESTERN INDEMNITY COMPANY

No. 4071.

363 S.W.2d 379 (1962)

Ed GUMMELT, Sr. and Ed Gummelt, Jr., Appellants, v. SOUTHWESTERN INDEMNITY COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 10, 1963.


Attorney(s) appearing for the Case

Riley, Jones, Boyd, Westbrook & Lovelace, Waco, for appellants.

D. B. Kultgen, Waco, for appellee.


McDONALD, Chief Justice.

This case presents the question of the priority of the lien of the State of Texas for Special Fuels Tax under former Article 7065b-14(g) (now Art. 10.17 Taxation General Vol. 20A V.A.T.S.), over the prior lien of a private creditor; and also, presents the question of whether a surety on a bond guaranteeing payment to the State of taxes due, who pays such taxes, under such bond upon default by the taxpayer, is subrogated to the priority...

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