Perkins v. Martel, 5057
| Decision Date | 31 March 1955 |
| Docket Number | No. 5057,5057 |
| Citation | 277 S.W.2d 741 |
| Parties | Roy PERKINS, Appellant, v. J. Robert MARTEL, Appellee. |
| Court | Texas Court of Appeals |
Frank M. Lamson, Pt. Arthur, for appellant.
Sexton & Neff, Orange, for appellee.
This is an appeal from a judgment in the County Court of Orange County.
Appellant Perkins had a note secured by lien on an automobile he sold one Butler. The lien was noted on the Certificate of Title issued to Butler by the Department of Public Safety, dated January 18, 1954. On March 12, 1954, Butler took the car, which had been in a wreck, to appellee Martel for repairs. Butler defaulted on his note, and Perkins sued him for debt and foreclosure of his lien. Martel had possession of the car and retained it under his claim that this mechanic's lien for repairs was superior to the lien for the purchase price. Martel was made a party to the suit, and in his answer he alleged that his mechanic's lien was superior because the chattel mortgage lien of appellant was not of record in Orange County. He also alleged that he had no notice of Appellant's lien, actual or constructive, until after he had completed the repairs on the car.
The trial was to the court without a jury. Judgment was for appellant against Butler of his debt, etc., but was in favor of Martel against appellant in that his mechanic's lien was held to be superior to the lien of appellant. Appellant has perfected his appeal. Appellee has filed no brief.
The trial court was in error in holding that the mechanic's lien was superior to the chattel mortgage lien noted on the Certificate of Title, and in refusing to foreclose appellant's lien. The chattel mortgage statutes, Arts. 5490, 5497 and 5497a, Vernon's Ann.Civil Statutes of Texas, have been superseded, insofar as liens on automobiles are concerned, by Article 1436-1, Texas Penal Code, known as the Certificate of Title Act. Bank of Atlanta v. Fretz, 148 Tex. 551, 226 S.W.2d 843; Guinn v. Lokey, 151 Tex. 260, 249 S.W.2d 185. The notice of the appellant's lien on Butler's Certificate of Title was constructive notice to appellee of the lien.
Said Article 1436-1 of the Penal Code in part provisions, as follows:
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City of San Antonio v. Handley, s. 13244
...Laches was not in the case. Rule 94, Texas Rules of Civil Procedure; Culver v. Pickens, 142 Tex. 87, 176 S.W.2d 167; Perkins v. Martel, Tex.Civ.App., 277 S.W.2d 741. In the recent case of Firemen's and Policemen's Civil Service Commission of City of San Antonio v. Wells, Tex.Civ.App., 300 S......
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Motor Truck Sales Co. v. Hauck
...possession of the truck as against the holder of the first lien. Commercial Credit Co. v. Brown, Com.App., 284 S.W. 911; Perkins v. Martel, Tex.Civ.App., 277 S.W.2d 741; Williams v. Cawthon, Tex.Civ.App., 237 S.W.2d 652; Fritz Motor Co. v. Gabert, Tex.Civ.App., 41 S.W.2d 72; General Motors ......
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...lien by virtue of the above Sections. Motor Truck Sales Co. v. Hauck, 388 S.W.2d 214 (Tex.Civ.App.1965, writ ref'd n.r.e.); Perkins v. Martel, 277 S.W.2d 741 (Tex.Civ.App.1955, no writ). However, these sections were repealed by Acts 1971, 62nd Leg., p. 896, ch. 123, effective May 10, With i......
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