L. E. Whitham Co. v. Kemp

BAUGH, Justice.

Appellant, a partnership composed of L. E. and B. M. Whitham, sued appellees on paving certificates issued to it by the city of San Angelo for paving the street in front of ap-pellees’ property in said city and for a foreclosure of their paving lien. Appellees defended only against foreclosure of the lien on the ground that said property was their homestead. Trial was to the court, who found, after a hearing, that all of said property was appellees’ homestead, denied appellant a foreclosure of the asserted lien, but gave it judgment for its debt. From this judgment the paving…