Community Investers IX, Ltd. v. Phillips Plastering Co.

MILLER, Justice.

Community Investors IX, Ltd., plaintiff below, appeals from a judgment which denied it an order permanently enjoining Phillips Plastering Company from foreclosing a judgment lien against the Rice Hotel in downtown Houston. We reverse and render.

The order of events is as follows:

1/20/76 — Rice University, the fee owner of the Rice Hotel property, leased the land on which the hotel stands and by separate instrument conveyed all the improvements to James M. Cazanas, Trustee.

7/20/76 — Defendant Phillips, which had been engaged to do plastering work, filed its Affidavit for…