Magee v. I. & G. N. Wood & Coal Co.

NORVELL, Justice.

This is a suit for judgment upon a promissory note with a foreclosure of a materialman’s and mechanic’s lien against a homestead. The note was for the principal sum of $10,447, dated May 10, 1950, and due on or before 120 days after date. It was executed by Joseph P. Magee, Jr., and Wanda F. Magee, and payable to the order of' P. H. Blánk and D. M. Cude.

On May 10, 1950, Magee and wife also entered into a materialman’s and mechanic’s lien contract, hereinafter more fully described, wherein it, was agreed that Blank and Cude should construct a dwelling house upon lots owned by…