Sheer v. Cummings

HENRY, Associate Justice.

This suit was brought by appellant against Jane Cummings and John Cummings to recover a balance of $146.46 • contracted to be paid him for furnishing the material and labor used in the construction of a house upon certain lots in the town of Henrietta.

The petition charged that the legal title to the lots was in the defendant John Cummings, and that the equitable title thereto was in the said Jane Cummings. The petition alleged that a mechanic’s lien had been fixed on said lots and improvements, and prayed for a foreclosure thereof.

The evidence showed that the title to…