Walters v. Texas Building & Loan Ass'n
Court of Appeals of Texas
Appeal from Navarro. Tried below before Hon. Rufus Hardy. • 1. The mechanic's and materialman’s liens are creatures of law, not of contract, and are specific, existing only to secure payment for work and material furnished, and can not be by construction extended to cover other considerations. Const., art. 16, sec. 50; Phil. Meeh.
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Appeal from Navarro. Tried below before Hon. Rufus Hardy. • 1. The mechanic's and materialman’s liens are creatures of law, not of contract, and are specific, existing only to secure payment for work and material furnished, and can not be by construction extended to cover other considerations. Const., art. 16, sec. 50; Phil. Meeh. Liens, sec. 36. 2. The mechanic’s and materialman’s lien being created by the Constitution, and the method of fixing and enforcing the same, and its extent and duration, being governed by statute, any departure from the terms of the statute or omission to pursue the…
1Opinion of the Court
FINLEY, Associate Justice.
The facts of this case are substantially as follows: G-. W. Walters and Elizabeth E. Walters, husband and wife, residents of Vernon, Wilbarger County, Texas, owners of four contiguous lots in the town of Vernon, known and designated as their homestead, were sued by appellee, the Texas Building and Loan Association, a private corporation, with its home office at Corsicana, Texas, for recovery on a note of $3900, executed by appellants, less $520, payments indorsed thereon, dated August 12, 1890, payable to appellee at Corsicana, in monthly, installments of $65 each,…
2Cases cited4 opinions
- Neese v. RileyTexas Supreme Court · 1890
- Stansell & Younger v. ClevelandTexas Supreme Court · 1885
- Garrett v. Interstate BankTexas Supreme Court · 1890
- Fisher v. HooverCourt of Appeals of Texas · 1893
3Cited by20 opinions
- Downard v. National Loan & Investment Co.Court of Appeals of Texas · 1900
- Pioneer Savings & Loan Co. v. PaschallCourt of Appeals of Texas · 1896
- Finley v. WakefieldCourt of Appeals of Texas · 1916
- Hufstedler v. GlennCourt of Appeals of Texas · 1935
- Melcher v. HigbeeCourt of Appeals of Texas · 1914
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