Stone v. Pitts

WILSON, Justice.

Appellant Stone appeals from a take-nothing judgment in his suit as assignee against appellees on a $1500 mechanic’s lien note in which he sought foreclosure of the lien. We reverse and remand.

Defendant Wesley Pitts’ trial pleading contained no general denial, but pleaded failure of consideration generally; that Stone “had sufficient knowledge thereof to put him on notice to investigate”; and was not a holder in due course as he had alleged. B. H. Pitts and wife pleaded they owned the land described in the formal mechanic’s lien contract when it was signed by their son, Wesley…