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TRANE CO. v. WORTHAM

No. 15280.

428 S.W.2d 417 (1968)

The TRANE COMPANY, Appellant, v. Miles F. WORTHAM, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied May 9, 1968.

Attorney(s) appearing for the Case

S. Mitchell Glassman, Houston, for appellant; Diamond & Totz, Houston, of counsel.

Carl, Lee & Fisher, Robert H. Fisher, Houston, for appellee.

COLEMAN, Justice.

This is an appeal from a summary judgment entered in favor of the defendant in a suit to foreclose a mechanic's and materialman's lien. The principal question presented is whether, following the assignment of a debt incurred as specified under Article 5452, Vernon's Ann.Civ.St., the assignor may fix and secure a mechanic's and materialman's lien by filing in his own name the lien affidavit as provided in said article.

Prior to March 5, 1965...

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