(DOWNLOAD) "Tomlinson v. Higginbotham Bros. & Co. Et Al." by Eastland Court of Civil Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: Tomlinson v. Higginbotham Bros. & Co. Et Al.
- Author : Eastland Court of Civil Appeals of Texas
- Release Date : January 28, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Plaintiffs, Higginbotham Bros. & Company, L. D. Wyatt, Alton Lomax and Burton-Lingo Company sued John W. Fields and Esen A. Fields, Jr., (hereinafter called Fields Brothers), to foreclose Mechanics and Materialmens liens for material and labor furnished in the construction of a house in the City of Cisco. Plaintiffs joined as defendants W. J. Prange, Trinity Valley Lumber Company, S. G. Tomlinson and T. D. Sadberry, alleging that they were each asserting some interest in the property. Prange filed a disclaimer. Trinity Valley Lumber Company (hereinafter referred to as plaintiff) filed its answer and cross action asserting a Materialmens lien against the property. Tomlinson filed an answer and cross action, alleging that on May 18, 1948, he loaned Fields Brothers $2,500 for which they, on the same date, executed and delivered to him their promissory note for said amount together with a deed of trust on the property involved to secure payment of said note. Sadberry answered, alleging that he was in possession of the property under contract of sale with Fields Brothers. Upon a trial without a jury, the court held that plaintiffs had Materialmens and Mechanics liens (both constitutional and statutory) against said property and ordered said liens foreclosed, together with the deed of trust lien of defendant Tomlinson, ordered the property sold as under execution and awarded priority of payment out of the sale to plaintiffs over the deed of trust lien of defendant Tomlinson. From this judgment Tomlinson has appealed.