Opinion

Gulf Coast State Bank v. Nelms

  • 18 Tex. Sup. Ct. J. 433
  • 525 S.W.2d 866
  • 17 U.C.C. Rep. Serv. (West) 584
  • 1975 Tex. LEXIS 232
Court
Texas Supreme Court
Filed
Jul 16, 1975
Status
Published
Author
Johnson
On the bench
Greenhill, Johnson
Cited by
21 cases

“With its effective date in 1966, the Texas Business and Commerce Code preserved the certifícate of title system for perfecting security interests in motor vehicles except for vehicles held as inventory. Tex. Bus. & Comm.Code § 9.302(c) & (d).” (emphasis in original)

How later courts described this case

  • “With its effective date in 1966, the Texas Business and Commerce Code preserved the certifícate of title system for perfecting security interests in motor vehicles except for vehicles held as inventory. Tex. Bus. & Comm.Code § 9.302(c) & (d).” (emphasis in original)
  • An automobile mechanic’s lien on an automobile in his possession to secure services rendered takes priority over a prior secured party with a security interest in the automobile
  • mechanic’s lien was prior to earlier-perfected security interest

Written by the judges who cited it.

The opinion

SAM D. JOHNSON, Justice

(dissenting).

This dissent is respectfully submitted.

The sole question presented is whether an artisan, claiming a lien on an automobile in his possession under Texas Revised Civil Statutes, Articles 5503 and 5506, is entitled to priority over a prior secured party who has perfected his security interest on the vehicle’s certificate of title. This writer would answer such question in the negative.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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