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YORK DIV., BORG-WARNER CORP. v. SECURITY S. & L. ASS'N

No. 15771.

485 S.W.2d 327 (1972)

YORK DIVISION, BORG-WARNER CORPORATION et al., Appellants, v. SECURITY SAVINGS AND LOAN ASSOCIATION, DICKINSON, Texas, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied October 12, 1972.

Attorney(s) appearing for the Case

Sam L. Sterrett, Jr., Houston, for appellants L. C. Loper, and J. L. Stover; Kenneth J. Peden, Houston, (Childress, Port & Crady, Houston, of counsel), Elmo Johnson, Galveston (Decker & Johnson, Galveston, of counsel), for appellant York Division, Borg-Wagner Corp.

Preston Shirley, Galveston (Mills, Shirley, McMicken & Eckel, Galveston, of counsel), Dave McNeill, Jr., Vinson, Elkins, Searls & Smith, Houston, for appellee Louisville Title Ins. Co.

Newton B. Schwartz, Houston, for appellees Perry D. Davis, Jr. and Newton B. Schwartz.

Hancock, Bellard, Gay & Kaye, Charles R. Hancock, Kenneth C. Kay, Dickinson, for appellee Security Savings and Loan Assn.

ON MOTIONS FOR REHEARING

COLEMAN, Justice.

This case involves claims for debt arising out of construction contracts, and financial arrangements pursuant thereto, the foreclosure of mechanics and materialmens liens, and the respective priority of the liens established. Of particular interest is a question of the validity of an execution issued on an interlocutory judgment, and of the sale made pursuant thereto, where the judgment was made final by severance...

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