R. B. Spencer & Co. v. Biggers

GALLAGHER, Chief Justice.

Appellants R. B. Spencer & Co., a partnership, instituted this suit against Irene Lodge No. 221, Independent Order of Odd Fellows, for recovery of a debt and for foreclosure of a materialman’s lien and deed of trust lien on lot 10 in block 5 of the town of Irene in Hill county. Appellants made T. M. Biggers a party defendant and alleged that he was claiming an indebtedness against said Lodge and a lien on the property aforesaid to secure the same. Appellants alleged that the lien asserted by them was a first and superior lien on said lot of land, together with the…