Legal Opinion

Wm. Cameron & Co. v. Marshall

Texas Supreme Court

Decided May 26, 1885No. Case No. 5282PublishedCited by 14 opinions

Appeal from Mitchell. Tried below before the Hon. T. B. Wheeler. This was a suit brought at the March term, 1884, of the District Court of Mitchell county, by Wm. Cameron & Co. against Thomas Marshall and wife, Fannie Marshall, to recover a balance of $127.80 due on account for lumber and material furnished by appellants to appellees for the purpose of constructing improvements upon the homestead of appellees.

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Appeal from Mitchell. Tried below before the Hon. T. B. Wheeler. This was a suit brought at the March term, 1884, of the District Court of Mitchell county, by Wm. Cameron & Co. against Thomas Marshall and wife, Fannie Marshall, to recover a balance of $127.80 due on account for lumber and material furnished by appellants to appellees for the purpose of constructing improvements upon the homestead of appellees. To secure appellants in the purchase price of the material the appellees executed, acknowledged and delivered to appellants their written contract, dated June 12, 1883, containing a…

1Opinion of the Court

Willie, Chief Justice.

Our Rev. St., title LXI, ch. 2, provide a method by which mechanics, contractors, material-men and others, may fix, secure and enforce a lien upon the buildings or other improvements they have labored or furnished material to erect or repair, as well as upon the lots of land necessarily connected with such buildings or improvements.

It is clear from reading the entire title that it was the intention of the legislature to prescribe a general scheme, a plan, to be pursued in reference to all such liens as were treated of in that chapter.

It is further apparent from art. 3165…

2Cases cited1 opinion

  1. Barnes v. WhiteTexas Supreme Court · 1880

3Cited by14 opinions

  1. Lippencott v. YorkTexas Supreme Court · 1893
  2. City of Fort Worth v. ZanecettiTexas Commission of Appeals · 1930
  3. Colleps v. George W. Smith Lumber Co.Court of Appeals of Texas · 1916
  4. Van Horn Trading Co. v. DayCourt of Appeals of Texas · 1912
  5. Carter v. HubbardTexas Supreme Court · 1891

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