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This case addresses whether a child support lien creates an interest in personal property that was conveyed before the lien was recorded. Appellant Jean Schumann appealed a judgment in an interpleader action filed by Breedlove & Bensey, where settlement proceeds were initially awarded to appellee Laura Malloy. Gary Wayne Macha had assigned $10,000 from future lawsuit proceeds to Schumann in 1994, but Malloy recorded her $9,600 child support lien against Macha in 1997, after this assignment. The appellate court held that Malloy's lien, recorded subsequent to the assignment, did not attach to the proceeds as they already belonged to Schumann. The court applied real property lien rules, stating that a lien recorded after a conveyance does not establish priority. Consequently, the judgment was reversed, and the cause was remanded for a judgment in favor of Jean Schumann.
Schumann v. Breedlove & Bensey is a workers' compensation case decided in Texas Court of Appeals, 1st District (Houston). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 1st District (Houston).
Full Decision Text1 Pages
This case addresses whether a child support lien creates an interest in personal property that was conveyed before the lien was recorded. Appellant Jean Schumann appealed a judgment in an interpleader action filed by Breedlove & Bensey, where settlement proceeds were initially awarded to appellee Laura Malloy. Gary Wayne Macha had assigned $10,000 from future lawsuit proceeds to Schumann in 1994, but Malloy recorded her $9,600 child support lien against Macha in 1997, after this assignment. The appellate court held that Malloy's lien, recorded subsequent to the assignment, did not attach to the proceeds as they already belonged to Schumann. The court applied real property lien rules, stating that a lien recorded after a conveyance does not establish priority. Consequently, the judgment was reversed, and the cause was remanded for a judgment in favor of Jean Schumann.
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