Texas Bitulithic Co. v. Moore

BROWN, Justice.

This suit was brought by appellant, as a purchaser in due course of a paving lien on certain improved property in the city of Wichita Falls.

It appears that one Mrs. Annie E. Ash, who was the wife of E. N. Ash at the time, but who was not living with her then husband, bought the property in her name and was living therein, on March 8, 1926, when the city of Wichita Falls duly passed an ordinance, for the purpose of paving the street in front of the premises.

It further appears that Mrs. Annie E. Ash, joined by her husband, E. N. Ash, on April 17, 1926, about 40 days after the…