Lignoski v. Crooker
Texas Supreme Court
Error to Court of Civil Appeals for Third District, in an appeal from District Court of Travis County. Associate Justice Ket did not sit in the case in the Court of Civil Appeals.
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Error to Court of Civil Appeals for Third District, in an appeal from District Court of Travis County. Associate Justice Ket did not sit in the case in the Court of Civil Appeals. The suit was brought October 11, 1889, by L. M. Crooker, surviving partner, etc., against R. B. Lignoski and his wife, Ella Lignoski, and against their vendee, A. G-. Creath, to enforce an express lien for material and labor furnished. , The petition set out and the evidence showed two contracts, signed by-said Lignoski and wife, with privy acknowledgment of the wife. The instruments were also acknowledged for…
1Opinion of the Court
STAYTON, Chief Justice.
The instruments on which plaintiffs and interveners base their respective rights, upon their faces purport to give express liens, which under the Constitution may be done even though the property which the material and labor was furnished to improve was the homestead of Lignoski and wife. Lippincott v. York, just decided [ante, p. 276].
It is further shown that the contracts on which plaintiffs base their right were executed by the husband and wife as the Constitution requires, and before the material was furnished.
The liens which they seek to enforce are liens arising…
2Cases cited2 opinions
- Throckmorton v. PriceTexas Supreme Court · 1866
- Kennard v. MabryTexas Supreme Court · 1890
3Cited by14 opinions
- Paschall v. Pioneer Savings & Loan Co.Court of Appeals of Texas · 1898
- Abeel, Ind. v. WeilTexas Supreme Court · 1926
- Breckenridge City Club v. HardinCourt of Appeals of Texas · 1923
- M. Kangerga & Bro. v. WillardCourt of Appeals of Texas · 1916
- Pioneer Building & Loan Ass'n v. EverheartCourt of Appeals of Texas · 1898
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