Morris v. Montgomery

Opinion by William J. and Thomas A. Montgomery brought suit on the twenty-seventh of June, 1876, against A. E. Morris, on a note for $248, payable to the plaintiffs, made by the defendant, dated February 26, 1875, due on the first day of November, 1875, which note recited on its face that the consideration was a bill for lumber, purchased of plaintiffs’ agent to build a house occupied by him as a homestead.

The petition prayed for a judgment for the amount of the note, and to foreclose their alleged builder’s lien upon 31 69-100 acres of land, including the house occupied as a homestead by the…