Kleiner v. Eubank

RICHARDS, Justice.

Our original opinion is withdrawn and the following opinion is substituted. Suit was brought by H. E. Eubank upon a promissory note in the sum of $17,580.00 executed by Elizabeth Kleiner, a feme sole, appellant, in favor of Mr. and Mrs. James W. Bird, the note being secured by a mechanic’s lien contract and deed of trust entered into between appellant as owner and Mrs. Bird as builder for the construction of a house to be built upon appellant’s property in the City of Austin. The note, together with the mechanic’s lien contract and deed of trust had been assigned by Mr. and…