Peeples v. Smith Bros., Inc.

ALEXANDER, Justice.

Dr. D. L. Peeples and wife executed and delivered to Smith Brothers, Inc., a mechanic’s lien contract on their homestead in the city of Navasota to secure the payment of a part of the costs of paving a certain street upon which said property abutted. Smith Brothers, Inc., sued to recover its debt and to foreclose its lien. Judgment was entered for the plaintiff as prayed, and the defendants sued out this writ of error. 1

The parties will be referred to as in the trial court. It is admitted that the property in question constituted the homestead of defendants and that said…