The defendants, except Lesh and Jay Trucking Company, filed pleas of privilege seeking to have the cause transferred to Dallas County for trial, which pleas were overruled by the trial court. However on appeal the order of the trial court was reversed and the cause transferred to Dallas County. Fikes v. Bogle, 376 S.W.2d 392 (Tex.Civ.App., Amarillo 1964, writ dism'd). In his Fourth Amended Petition, filed since the case was transferred to Dallas County, appellant Bogle has considerably enlarged his factual allegations and his prayer for relief. He seeks to have his chattel mortgage lien on a drilling rig declared to be prior and superior to a chattel mortgage claimed by appellee Continental; and for foreclosure of his chattel mortgage lien and alternatively for judgment in the amount of $32,564.33 against all of appellees for conversion of the property.
The Plaintiff must introduce competent evidence sufficient to prove a cause of action against the resident Defendant under the allegations relied upon. Tunstill v. Scott, (Tex.Civ.App.) 938, 120 S.W.2d 274, no writ history; Fester v. Locke, (Tex.Civ.App.) 1955, 285 S.W.2d 239, no writ history; Fikes v. Bogle, (Tex.Civ.App.) 1964, 376 S.W.2d 392, no writ history. The Trial Court having correctly found that Appellant failed to allege or prove any new and independent consideration flowing to Callaway, Appellant has not proved a cause of action against Callaway, the resident Defendant.