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TEZEL & COTTER v. ROARK

No. 13129.

301 S.W.2d 179 (1957)

TEZEL & COTTER, Air Conditioning Company, William McMunn, Acme Floor Finishers, Inc., Dave Kelman, d/b/a Kelman Electric Company, Hugo E. Sultenfuss, Louis P. Isner, Appellants, v. M. L. ROARK, Trustee, Estate of Guy Fredet Spencer, Bankrupt, et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied April 17, 1957.

Attorney(s) appearing for the Case

T. W. Anderson, Park Street, Walter Powell Gray, James Otis Herrington, M. M. Hughes, Jr., San Antonio, for appellants.

Louis Le Laurin, Moursund, Ball, Bergstrom & Barrow, C. M. Gaines, Marion A. Olson, Albert M. McNeel, Jr., San Antonio, for appellees.

POPE, Justice.

This is an interpleader suit brought to determine priorities to certain funds tendered into court. The dispute concerns the rights of various creditors arising out of a contract to construct improvements on a homestead. Guy Fredet Spencer contracted to erect improvements upon the homestead of Ralph E. Fair and wife. Fair executed the written contract, but his wife did not. For a lien to arise on the homestead...

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