Whittenburg v. J. C. Penney Co.

PRICE, Chief Justice.

This is an appeal from a judgment in a case instituted and tried in the 93rd District Court exercising jurisdiction in Hid-algo County. The suit was by J. C. Penney Company, a corporation, as plaintiff,, against H. E. Whittenburg and wife, and Rio Grande Securities, Inc., as defendants. Plaintiff sought recovery of one-half the cost of .the construction of a party wall erected by it on the southerly 8½ inches-of Lot 6, Block 13, Town of McAllen, and the northerly 8½ inches of Lot 5,' in the same block and town, and the foreclosure of a lien on Lot 5 of said block for the…