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CESSNA FINANCE CORP. v. MORRISON

No. 01-83-0204-CV.

667 S.W.2d 580 (1984)

CESSNA FINANCE CORP., Appellant, v. Lucian L. MORRISON, Appellee.

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

Rehearing Denied February 16, 1984.

Attorney(s) appearing for the Case

Thomas Coleman, Jr., Steven L. Weathered, John A. Cavin, Ross, Banks, May, Cron & Cavin, Houston, for appellant.

Joseph A. Horrigan, Armogida & Coats, Houston, for appellee.

Before EVANS, C.J., and BASS and COHEN, JJ.

OPINION

EVANS, Chief Justice.

This is an appeal from a summary judgment entered in favor of Lucian L. Morrison, administrator of the estate of Frank Dyke, deceased, against Cessna Finance Corp., a secured creditor of the decedent's estate.

Cessna's first five points of error relate to the trial court's action in classifying its claim as "a preferred debt and lien" payable only from the proceeds of the security, under sec. 306(a)(2) of the Texas Probate...

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