Miner v. Ownby
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Suit by appellees, Moore & Ownby, against Fred. W. Miner, on the following instrument of writing, to wit: “§625.56. Paris, Texas, June 1, 1874. “Three months after date, I promise to pay Moore & Ownby the sum of six hundred and twenty-five and 56-100 dollars with interest at the rate of eighteen per cent, per annum, from date until paid.
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Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Suit by appellees, Moore & Ownby, against Fred. W. Miner, on the following instrument of writing, to wit: “§625.56. Paris, Texas, June 1, 1874. “Three months after date, I promise to pay Moore & Ownby the sum of six hundred and twenty-five and 56-100 dollars with interest at the rate of eighteen per cent, per annum, from date until paid. The same being in payment for material and work expended upon the same furnished by said Moore & Ownby to me, and by me used in repairing and improving the house and lot in the city of Paris, in and…
1Opinion of the Court
Bonner, Associate Justice.
The evidence in this case shows, that on June 1, 1874, appellees Moore & Ownby fur*228nished appellant Miner material and labor expended thereupon, of the agreed value of $625.56, to be used by Miner in repairing and improving his homestead house and lot, the same being community property, and he being a married man and the head of a family.
Judgment was rendered for Moore & Ownby, and enforcing the mechanic’s lien.
Under the evidence, the question in the case is this:
Did Miner, without being joined by his wife, under the act of November 17, 1871, to provide for and…
2Cases cited2 opinions
- Ponce v. McWhorterTexas Supreme Court · 1879
- Tinsley v. BoykinTexas Supreme Court · 1877
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- Morrison v. State Trust Co.Court of Appeals of Texas · 1925
- Dilworth Green v. Ed Steves SonsCourt of Appeals of Texas · 1914