Pope v. A. T. Graham & Co.
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. M. D. Ector. A. T. Graham & Co., on the 23d September, 1873, made an agreement in writing with W. H. Pope, in which they agreed to build a house for him. The house was built in conformity with the contract, and on the 15th of July, 1874, Pope gave his note to Graham & Co. for a balance of $1,256 due on the contract, which bore a rate of interest different from the contract, hut which on its face reserved a mechanics’ lien.
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Appeal from Harrison. Tried below before the Hon. M. D. Ector. A. T. Graham & Co., on the 23d September, 1873, made an agreement in writing with W. H. Pope, in which they agreed to build a house for him. The house was built in conformity with the contract, and on the 15th of July, 1874, Pope gave his note to Graham & Co. for a balance of $1,256 due on the contract, which bore a rate of interest different from the contract, hut which on its face reserved a mechanics’ lien. No mechanics’ lien was in terms specified on the face of the original agreement. The debt for building was due, according…
1Opinion of the Court
Gould, Associate Justice.
The contract between appellees and appellant was recorded within six months after the debt growing out of it for materials and labor to erect the house became due ; and there can be no question that Graham & Co. had a mechanics’ lien on the house erected under the contract, to secure the balance due under said contract in so far as it was competent for appellant Pope to give or create such a lien. The homestead rights of Pope could not attach to the house so erected so as to defeat this lien. (Constitution, art. 12, sec. 15 ; Potshuisky v. Krempkan, 26 T., 309.)
If the…
2Cases cited2 opinions
- The KimballSupreme Court of the United States · 1866
- Grant v. StrongSupreme Court of the United States · 1874
3Cited by13 opinions
- Martin v. RobertsTexas Supreme Court · 1882
- Irvin v. GarnerTexas Supreme Court · 1878
- Langdon v. KleemanSupreme Court of Missouri · 1919
- Collinsville Mfg. Co. v. StreetCourt of Appeals of Texas · 1917
- Hammond Hotel & Improvement Co. v. WilliamsIndiana Court of Appeals · 1931
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