The Waco News-Tribune from Waco, Texas • Page 14

Saturday, Pe. 29, 1956 Justices Disagree Over Gas Firm's Right to Re Justices of ttw; Tenth Court of Civil Appeals in Waco df.sapri i'riday ovrr Star Gas Com- isny's ripht to repossess a Dallas man's water heater. Tenth Cwirl upheM Dnl County CnuLi-At-Unv that denied (lie company fore- jossess Water Heater closure, but Associate Tirey disagreed wilh tht majority opinion. The eomplicpled over 3 will probably go next to the ilate supreme court. It hinges on in Lerprrlalion ot ft slnEe law thai permits merchanl.i In repossess porsonnl properly installed in a residence if the buyer defaults In his payments.

Defendants In the Lawsuit arc Jnck E. Shfaner and James W. Tomlin. Sheanor hought a ivnter Siater for th? hou.tc he renLed and four months a slopprtl making monlhly payments on the he owed. A month after a Tomlin bought the house, not the water heater was not iair1 for.

Ixine Star fia.t Company won a delault judgment against Sheaner for the money he owed, bill trial court the gas company could Ihe heater from Tomlin, Ihe new nvner of the house. Chief Justice Frank McDonald and Associate Justice Joseph W. of Tenth Court also ruled the gas compnny couM not repossess the waler healer on firounds that Tomlin was not duly notified ot the lien when he bought the house. They saic 1 a the originnl owner of Ihe house wfl.i not subject to Joreclosure, Tomlin was Juslire Tircy interpreted the law differently. He saH thft chattel mortage, on the water healer was filed In me county clerk's office Diillss and thai was All Ihe notice (he Jnw required.

Tirey dald Ixmn Star Has Company should he. permitted to re- PO55P5S the heater, leaving Toni- hn to seek relief from the seller of the house under terms ot the wmranlly deed Tomlin rcrelved which guaranteed he be owner of the house and nil Its equipment. Ex-Bruceville Man Succumbs Illness MLxson Kiiwannon, 42. of Win- lie. Texas, former Brucevillo rcs.denl, died Tuesday nU home in Winnie following short (wa daughters.

Am Kin. cannon and Mary Kllen Klnun- iKni ol Abilene; live brothers, Byrrvi Kincannnn Bructvllle, David ol Abilene, Ken. iirlh KiinMnnon ar.rt Cliase Kin- Hie Air Force, urd Kincannon ot Indianapolis, ImV: four Mrs. P. L.

Allen of Wcalherlord. Mrs. Cecil Hailt-y Chicago. 111., Mrs. p.

W. nolxrls ol Korl Worlh nnd Mrs. J. H. Nolan ol Ardmoir.

Okla. illnrss. Funeral held In Winnie services Thursday worr wilh Ijurial in Dimcnn. Friday. Mr.

Kincannon bom and reared in Bmccville. He moved lo Abilene in 1934, He was em- ployed Ha manager of an oil i finery At the rime ol his dealh. Survivors Include his widow; Mr-tester tomroit i Chest Cold MUSHROLI TRAIN STYLE SHOW--Passengers aboard the and Eastern Illinois Railway's Dixieland Limited were Ireoted to a fashion show Thursday as models featured the latest in Southern resort wear. The show was part of an anniversary celebration heralding the train's 20th season of service from Chicago to Miami. (UP Telephoro).

Kaly'i Suit Settled Damage Heirs of the. tale John Wilburn Baugh ol Eddy Frirtav seltlcd ior Sl.DOO a 74lh Dislricl Court dam- ago uit against Missouri-Kansas, Railroad. Batigh was (atally injured last March when Ihe car in which he was riding and an M-K-T train collided at a grade crossing near Eddy. Promotions Announced By Phillips BARTLESVILLE, Dec. 2S 15V- The Phillips Petroleum Co.

promoted B. Stewarl Lcxlay to managor ol (he natural gas department. He replaces A. M. Rippel.

killed in a plane crash here Dec. 12. Dan Mayer, former superintendent ot the natural gas department was advanced to assistant. manager, succeeding Stewart. M.

Cullender, formerly gas sales representative at Amarillo. was appointed director the natural gas department's engineering division. This represents a consolidation of the former mechanical engineering and production engineering divisions of the firm. W. L.

Cox, former staff assistant for natural gas sales, was named to succeed Cullender. Stewart, a native of Arhadel- phia. joined Phillips in 1337 at Border. Tex. Pay- Lee to Head r-Poll-Tax Drive Here Rodney Lee, Waco attorney, has been named gcneraJ chairman ol Ihe annual Junior Chamber nl Commerce "Pay-Your-Poll-Tax" campaign.

Lee met with other members of Ihe special Jaycee committee Friday lo plan Ihis year's activities and to coordinate v.ilh Ihe League ol Women voters who will help Lake poll lax payments. Other members ol Ihe committee are. Ray Baron in charge ol promotion Charles in charge of publicity. Also present al the Friday meeting were Harold 'McDrlde, last year's Jaycee general chairman aiid Mrs. Ike Carroll, voters service chairman ol league ol Voters.

Fess Parker's Father Suffers Heart Altack FORT WORTH UV-Fess Parker 56. father ol movie and TV actor Fess Parker, suffered a heart attack Thursday, llis physician said today his patient's son, known Ib youngsters as lelevisioii's Davy Crockett, is coming to his father's bedside. Shotgun Blast Kills Boy in Port Lavaca TPORT LAVACA Iffr Willie Harvey, 11, son o( Mr. and Mrs. Kd- iC'in Hiirvey, was killed Thursday when hit in Ihe face by a blast ol bird snot fired al close range from a.

shotgun. Charges of murder without malice were filed against ah Aransas Pass boy, 15, who was hunting wilh the victim. SANTA GIVES GOOD PRESENT ATLANTA W-The Rev. Bill for the Fullon County Jail, gave all Iho prisoneis a Christmas parcel a a bock ol tnril, i pair ol socks and a ball-point pen. 'But San'ia had to go into re- All Ihij peris taken up a a reutiw; "sliake- doviTi" on Chrislma-'i night disclosed that one'enlerprising In'." male removed Ihe Ihe pen and de', vised near-peritrt gadget fcr locks.

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