Watland v. L. E. Whitham Co.

L. E. Whitham & Co. sued A. R. and O. T. Watland, to recover on a paving certificate issued by the city of Wichita Palls. On trial without a jury personal judgment was rendered for the plaintiffs against said defendants, with foreclosure of lien on the property hereinafter described.

Three principal questions are presented on the appeal: (1) Whether the description of the property as contained in the paving certificate and as followed in the petition and judgment is void for uncertainty.(2) Whether there was error in striking out defendant’s answer and cross-action which alleged that—

“the…