Warren v. Smith
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. M. H. Bonner. Suit by J. F. Smith against one Burns and Warren and wife upon a parol contract alleged to have been made between Smith and Burns to construct two rooms on a lot on which J. H. Warren’s office was situate.
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Appeal from Smith. Tried below before the Hon. M. H. Bonner. Suit by J. F. Smith against one Burns and Warren and wife upon a parol contract alleged to have been made between Smith and Burns to construct two rooms on a lot on which J. H. Warren’s office was situate. Warren and wife excepted generally and specially, because the claim which was made an exhibit in the petition was not accompanied by a description of the lots and improvements, and no sufficient specification of the items of indebtedness was contained in said claim, which was the account or contract as recorded. The lot was…
1Opinion of the Court
Gould, Associate Justice.
The statute regulating mechanics’ liens does not provide in what way the wife’s separate estate may become subject to the lien for improvements thereon. (Paschal’s Dig., art. 7112, et seq.) No reason is perceived why the statute regulating marital rights and in what cases the wife’s separate estate may be made liable should not control the creation of a mechanics’ lien on her estate: (Paschal’s Dig., arts. 4643, 4644, 4645.) This conclusion seems to be in accord with the current of authority in States where there are statutes regulating the manner of charging the…
2Cases cited1 opinion
- Magee v. WhiteTexas Supreme Court · 1859
3Cited by6 opinions
- Warner Elevator Manufacturing Co. v. MaverickTexas Supreme Court · 1895
- Udell v. PeakTexas Supreme Court · 1888
- Ruiz v. CampbellCourt of Appeals of Texas · 1894
- Read v. GillespieTexas Supreme Court · 1885
- Gossard v. LeaCourt of Appeals of Texas · 1893
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