Temple Trust Co. v. Powers

BAUGH, Justice.

This suit involves the same character of contract and the same issues as were presented in Temple Trust Company v. Haney (Tex.Civ.App.) 103 S.W.(2d) 1035, this day decided. Powers applied to appellant’s agent in Coleman for a loan to build a house. He executed a mechanic’s lien contract with one R. L. Neff, who assigned it on the same day to Temple Trust Company. He also executed at the same time a deed of trust and the series of notes here involved. All of said instruments bore the same date, were acknowledged before the same notary, on the same date, and were manifestly all a…