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IRVING LUMBER COMPANY v. ALLTEX MORTGAGE COMPANY

No. B-1814.

468 S.W.2d 341 (1971)

IRVING LUMBER COMPANY, Petitioner, v. ALLTEX MORTGAGE COMPANY, Inc., Respondent.

Supreme Court of Texas.

Dissenting Opinion May 19, 1971.

Rehearing Denied June 9, 1971.

Attorney(s) appearing for the Case

Coke & Coke, Eldon L. Youngblood, Dallas, for petitioner.

Carrington, Coleman, Sloman, Johnson & Blumenthal, James E. Coleman, Jr., and Gene L. McCoy, Dallas, for respondent.

REAVLEY, Justice.

We grant the motion for rehearing filed by Alltex Mortgage Company, set aside our former judgment, withdraw our opinion of February 3, 1971 and affirm the judgment of the court of civil appeals with the following opinion.

Irving Lumber Company has held a mechanic's and materialman's lien on land against which Alltex Mortgage Company also held a vendor and deed of trust lien. Judgment in the cause...

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