MBANK-WACO, N.A. v. L. & J., INC.

No. 10-86-163-CV.

754 S.W.2d 245 (1988)

MBANK WACO, N.A., Appellant, v. L. & J., INC. et al, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Denied June 16, 1988.


Attorney(s) appearing for the Case

P.M. Johnston, Robert T. Swanton, Jr., Sleeper, Johnston, Helm & Fontaine, Waco, for appellant.

Michael Thomas, Holloway Martin, Martin & Thomas, Mexia, for appellees.


OPINION

THOMAS, Justice.

This dispute is over $312,000 deposited in the registry of the court from proceeds of the cattle sold by MBank-Waco under a security agreement executed by Arnold Young. The court awarded one-half of the money to MBank, defendant-appellant, and one-half to the Mamots, plaintiffs-appellees, who claimed equitable ownership of the cattle under a constructive trust and legal title to the cattle as the real owners of stolen property.<...

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