E. T. R. R. Co. v. Davis

The suit was brought by J. H. Davis to foreclose upon the roadbed of the Eastern Texas Railroad Company the statutory lien existing in his favor to secure his unpaid claim for labor performed by him in the construction of the road under employment of one R. J. Smith, who is alleged to have the contract for the construction of a part of the road. A specific sum beneath the jurisdiction of the District Court was alleged to be due to plaintiff by Smith, but the suit was brought in the District Court because a lien on real estate was asserted.

The petition disclosed that Smith was a nonresident of…