Court of Appeals of Texas February 9, 1978, No. 8023 (Church of Life v. Elder)

DIES, Chief Justice.

Curtis L. Mason and wife gave a promissory note to a Hempstead bank, in exchange for a loan, secured by a first lien on property in Waller County. This lien was subsequently transferred to Steve Elder, appellee herein.

Thereafter the Masons borrowed money from appellant Church of Life, giving it a promissory note and a second lien on the same property.