Helms v. Home Improvement Loan Co.

DIXON, Chief Judge.

This is an appeal from an order overruling a plea of privilege.

Appellee Home Improvement Company filed suit for debt and foreclosure based on a note and mechanic’s and materialman’s lien contract involving real property owned by appellants in Rusk County, Texas, on which they have their home.

The note and contract were originally payable to Marvin A. Smith Company, but were acquired by appellee in due course for a valuable consideration.

The trial court overruled appellants’ plea of privilege on the ground that venue properly lay in Dallas County under Art. 1995, subd. 5,…