PROVIDENCE INSTITUTION FOR SAVINGS v. SIMS

No. 7918.

435 S.W.2d 295 (1968)

PROVIDENCE INSTITUTION FOR SAVINGS, Appellant, v. W. J. SIMS, d/b/a Lone Star Mill & Lumber Company, and Robie Love, Constable, Precinct No. 1, Dallas County, Texas, Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied December 3, 1968.


Attorney(s) appearing for the Case

Larry M. Lesh, Locke, Purnell, Boren, Laney & Neely, Dallas, for appellant.

James A. Baker, Goldberg & Alexander, Dallas, for appellees.


FANNING, Justice.

Appellant sued to enjoin appellees from foreclosing a mechanic's lien claimed by appellee Sims on a tract of land and to remove the mechanic's lien as a cloud upon the title of appellant to such property. Appellees answered and filed a cross-action. The facts are stipulated. The trial court rendered judgment that the mechanic's lien of Sims "is a first and superior lien to the liens and rights claimed...

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