State v. Lowman, 7427.

• Citation: 133 S.W.2d 962
• Decision Date: 06 December 1939
• Docket Number: No. 7427.,7427.
• Parties: STATE v. LOWMAN et al.
• Court: Supreme Court of Texas

133 S.W.2d 962

STATE v. LOWMAN et al.

No. 7427.

Supreme Court of Texas.

December 6, 1939.

Error to Court of Civil Appeals of Eleventh Supreme Judicial District.

Suit by Elizabeth A. Lowman, joined pro forma by her husband, against Alexander A. Walton and another, to recover on a note and to establish and foreclose a chattel mortgage lien, wherein the State of Texas and others intervened. Judgment therein was affirmed by the Court of Civil Appeals, 115 S.W.2d 794, and the State of Texas brings error.

Judgment of the trial court and that of the Court of Civil Appeals reversed, and cause remanded for further proceedings.

Wm. McCraw, Former Atty. Gen., Gerald C. Mann, Atty. Gen., and Pat M. Neff, Jr., Asst. Atty. Gen., for plaintiff in error.

H. G. Andrews and Charles E. Coombes, both of Stamford, for defendant in error Bridwell & Fikes.

F. D. Wright, of Cisco, for defendant in error Lowman.

SHARP, Justice.

This case originated in the District Court of Eastland County. It involves the construction of Article 7065a—7, Vernon's Ann.Civ.St. The trial court held that those who held liens against the property involved had preference liens over those of the United States and the State of Texas for the taxes due on said property. The Court of Civil Appeals affirmed the judgment of the trial court. 115 S.W.2d 794.

This case involves the same questions presented in the case of State of Texas v. B. J. Wynne et al., the opinion of the Court of Civil Appeals being reported in 113 S.W. 2d 325. The two cases were heard together.

We have this day handed down our opinion in the case of State of Texas v. B. J. Wynne et al., reported in 133 S.W.2d 951, and the judgments of the trial court and Court of Civil Appeals in this case are reversed for the reasons given in the foregoing opinion, and this cause is remanded to the trial court for further proceedings in conformity with said opinion.