IRVING LUMBER COMPANY v. ALLTEX MORTGAGE COMPANY

No. 17256.

446 S.W.2d 64 (1969)

IRVING LUMBER COMPANY, Appellant, v. ALLTEX MORTGAGE COMPANY, Inc., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 25, 1969.

Second Rehearing Denied October 10, 1969.


Attorney(s) appearing for the Case

Eldon Youngblood, Patrick E. Higginbotham, Coke & Coke, Dallas, for appellant.

James E. Coleman, Jr., Gene L. McCoy, Carrington, Johnson & Stephens, Dallas, for appellee.


DIXON, Chief Justice.

This suit was filed by appellant Irving Lumber Company, a corporation, against two defendants: Alltex Mortgage Company, Inc., appellee here, and Merit Homes, Inc. Appellant will hereinafter be referred to as Lumber Company and appellee as Alltex.

Lumber Company seeks a declaratory judgment against Alltex establishing the priority of its mechanic's and materialman's liens over deed of trust liens of Alltex, on four pieces of property,...

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