Nichols v. Dixon
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Jefferson County. Nichols sued Dixon and wife, the owners of the premises improved, and Hawkins, the contractor, claiming a lien for materials furnished. The Texas Builders’ Supply Co., and others suing to enforce liens on the same fund, were impleaded in the suit by defendant, Dixon, and Nichols appealed from a judgment giving a part of the claim of that company preference over his own.
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Error to the Court of Civil Appeals for the Third District, in an appeal from Jefferson County. Nichols sued Dixon and wife, the owners of the premises improved, and Hawkins, the contractor, claiming a lien for materials furnished. The Texas Builders’ Supply Co., and others suing to enforce liens on the same fund, were impleaded in the suit by defendant, Dixon, and Nichols appealed from a judgment giving a part of the claim of that company preference over his own. On affirmance, he obtained writ of error.
1Opinion of the Court
WILLIAMS, Associate Justice.
The question before us concerns the proper distribution, among Nichols and other materialmen, of a small sum of money in the hands of Dixon, as the balance due upon a contract between him and one Hawkins for the construction of a building upon the homestead of Dixon and wife. We have concluded that the appeal was rightly decided in the Court of Civil Appeals, and shall discuss the question alone upon which the writ of error was granted.
The contract for the improvement between Dixon and Hawkins was concluded January 2, 1902, and was duly filed for record January 9,…
2Cases cited1 opinion
- Johnson v. Amarillo Improvement Co.Texas Supreme Court · 1895
3Cited by22 opinions
- Beilharz v. IllingsworthCourt of Appeals of Texas · 1910
- First National Bank v. Lyon-Gray Lumber Co.Texas Supreme Court · 1919
- Atkinson v. Jackson Bros.Court of Appeals of Texas · 1923
- Gordon-Jones Const. Co. v. WelderCourt of Appeals of Texas · 1918
- Rotsky v. Kelsay Lumber Co.Texas Commission of Appeals · 1921
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