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FIRST NATIONAL BANK OF LUBBOCK v. JENKINS

No. 7078.

350 S.W.2d 52 (1961)

FIRST NATIONAL BANK OF LUBBOCK v. Myrtle JENKINS et al.

Court of Civil Appeals of Texas, Amarillo.

September 18, 1961.

Attorney(s) appearing for the Case

Crenshaw, Dupree & Milam, Lubbock, W. B. West III, U. S. Atty., and Robert S. Travis, Asst. U. S. Atty., Fort Worth, Abbott M. Sellers, Acting Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott and John A. Bailey, Washington, D. C., for appellants.

Howard & Tucker, Key, Carr, Carr & Clark, Evans, Pharr, Trout & Jones, A. W. Salyars, Edward W. Napier, James F. Moore, Hugh Anderson, O'Connor & Brister and Treadaway & Blumrosen, Lubbock, for appellees.

CHAPMAN, Justice.

This suit was instituted by First National Bank of Lubbock, hereafter called Bank, to recover upon a note held by it and to foreclose a mechanic's and materialmen's lien contract made simultaneously with the note to secure its payment. The lien was on a residence in Lubbock and was executed by J. T. Jenkins and wife, Myrtle Jenkins, as owners of the property. J. T. Jenkins was deceased at the time of the trial so the defendants are Myrtle Jenkins...

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