Campbell v. Fields
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. L. Lindsay. This suit was brought by the appellees to the June term, 1871, of the District Court of Colorado county, and against the appellant, for the value of work done, and materials furnished by the plaintiffs, on and for the homestead of the defendant, during the months of January, February and March, 1870. There was no' written contract between the parties.
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Appeal from Colorado. Tried below before the Hon. L. Lindsay. This suit was brought by the appellees to the June term, 1871, of the District Court of Colorado county, and against the appellant, for the value of work done, and materials furnished by the plaintiffs, on and for the homestead of the defendant, during the months of January, February and March, 1870. There was no' written contract between the parties. The plaintiffs claimed a mechanic’s lien, and prayed its enforcement; and the judgment being in their favor, the defendant appeals.
1Opinion of the CourtWalker, J.
This was a proceeding in the District Court of Colorado county to enforce a mechanic’s lien upon property held and occupied as a homestead.
Under the charge of the court, the jury found for the plaintiff, and the defendant appeals from the judgment of the court, as entered on the verdict, and it is assigned for error that the court overruled the defendants’ exception to the petition ; also that the court erred in its charge to the jury, that the present Constitution of the State became operative, for the purpose of creating a lien upon the homestead, prior to the ratification by Congress, on…
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