Texas Supreme Court

University Savings and Loan Association, Petitioners v. Security Lumber Company, Incorporated, Respondent

November 29, 196711 Tex. Sup. Ct. J. 105

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that Security Lumber's invoices were admissible business records and competent evidence of the debt, that the two‑year statute of limitations did not bar Security's cause of action for foreclosure of its mechanic's and materialmen's liens, and that those liens were prior and superior to University Savings & Loan's deed of trust liens because they originated at the first delivery of materials. The Court based its decision on statutory construction and longstanding precedent, while a dissent argued that only the pre‑recording deliveries should have priority.