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F.D.I.C. v. SEARS, ROEBUCK & CO., INC.

No. 08-87-00218-CV.

743 S.W.2d 772 (1988)

FEDERAL DEPOSIT INSURANCE CORPORATION, In Its Corporate Capacity, Appellant, v. SEARS, ROEBUCK & CO., INC., Appellee.

Court of Appeals of Texas, El Paso.

January 20, 1988.

Attorney(s) appearing for the Case

David B. Dyer, Jenkins & Gilchrist, Dallas, for appellant.

Gloria T. Svanas, Walter A. Locker, III, McMahon, Tidwell, Hansen, & Atkins, P.C., Odessa, for appellee.

Before OSBORN, C.J., and SCHULTE and WOODARD, JJ.

OPINION

SCHULTE, Justice.

This is an appeal from a judgment following a jury trial but the issues appealed were decided from stipulated facts. The trial court ruled Sears' statutory landlord's lien was superior to the Federal Deposit Insurance Corporation's (FDIC's) security interest perfected under Tex.Bus. & Com. Code, ch. 9, sec. 9.101 et. seq. (Vernon Supp.1988). We reverse and render.

From the stipulated facts, it appears that on September...

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