Lyon v. Ozee
Texas Supreme Court
Appeal from Olay. Tried below before the Hon. B. F. Williams. Suit was brought July 21, 1884, by appellants to recover $3,675, with interest, alleged to be due upon a written contract, and to foreclose a lien on block twenty-three, in the town of Henrietta, and the residence thereon. The petition alleged that the debt was for lumber and material furnished by appellants, and used by appellees in the construction of their residence.
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Appeal from Olay. Tried below before the Hon. B. F. Williams. Suit was brought July 21, 1884, by appellants to recover $3,675, with interest, alleged to be due upon a written contract, and to foreclose a lien on block twenty-three, in the town of Henrietta, and the residence thereon. The petition alleged that the debt was for lumber and material furnished by appellants, and used by appellees in the construction of their residence. The contract to furnish the lumber and material was made in January, 1883; the residence was occupied by Ozee and wife, as a homestead in July, 1883; and at a…
1Opinion of the Court
Willie, Chief Justice.
Ho bill of particulars of the lumber furnished by Lyon & Gribble to the appellees was ever recorded, and hence no lien, as in case of verbal contracts, was fixed upon the building into which the materials went, or the lot upon which it was situated. The claim of lien is based upon the notes executed by Ozee and wife, and their registration within six months after the debt for the lumber became due. The first note was cancelled and there is a conflict in the evidence as to whether or not the second was made *97and recorded within six months after the money for the lumber…
2Cases cited2 opinions
- Taylor v. H. J. Huck & Co.Texas Supreme Court · 1885
- Reese & Jaudon v. CorlewTexas Supreme Court · 1883
3Cited by15 opinions
- Treadwell v. WhittierCalifornia Supreme Court · 1889
- Collier v. Valley Building & Loan Ass'nTexas Commission of Appeals · 1933
- Shepherd v. Woodson Lumber Co.Court of Appeals of Texas · 1933
- Minnehoma Financial Co. v. DittoCourt of Appeals of Texas · 1978
- Hill v. EngelCourt of Appeals of Texas · 1935
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