Fuller Construction Co. v. Hudson

By deed appellee conveyed the property involved in this suit to C. W. Bur-ney, retaining a vendor’s lien to secure a $3,- 700 purchase-money note, which was also secured by a deed of trust containing the usual power of sale clause. After Burney purchased the property, he used it as a homestead. Thereafter he and his wife executed to appellant a mechanic’s lien on their said homestead to secure the payment of his share of the costs of paving the street in front of and abutting thereon. Still later, and in default of payment of the $3,700 purchase-money note by Burney, appellee- caused the…