Eastern Texas Railway Co. v. Foley

GILL, Associate Justice.

This suit was brought by the appellees, Pat and R. C. Foley, against R. J. Smith to recover a sum of money alleged to be due for labor performed by the appellees and for the use by Smith of teams and tools belonging to them in the construction of a part of appellant's road. Appellant railway company was made a party defendant, and a lien was asserted against the roadbed, etc., to secure the payment of the sum claimed against Smith, and appellees prayed as against appellant for the foreclosure of the asserted lien. The defendant Smith denied generally and pleaded…