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CHAMBERLAIN v. DOLLAR SAVINGS BANK OF NEW YORK

No. 8014.

451 S.W.2d 518 (1970)

M. K. CHAMBERLAIN, dba M. K. Chamberlain Brick Co., Appellant, v. DOLLAR SAVINGS BANK OF NEW YORK, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied March 2, 1970.

Attorney(s) appearing for the Case

Arthur J. Lamb, Amarillo, for appellant.

Sam Houston Clinton, Jr., Austin, amicus curiae on motion for rehearing.

Day, Owen & Lyle and Gene V. Owen, Plainview, for appellee.

NORTHCUTT, Justice.

This is a suit by appellant, Chamberlain, for debt based upon a contract with Powers Homes, Inc. (owner of the subject property at the time of construction) and for foreclosure of a constitutional lien and of a statutory mechanic's and materialman's lien against the subject property. At the time the suit was filed, title to said property was in the defendants, Boyd L. Truax and wife, Helen Jeanette Truax. Subsequently, Dollar Savings Bank of New...

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