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  5. 269 S.W.2d 498 (1954)
 

MAGEE v. I. & G. N. WOOD & COAL CO.

No. 12566.

269 S.W.2d 498 (1954)

MAGEE et ux. v. I. & G. N. WOOD & COAL CO.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied May 19, 1954.

Attorney(s) appearing for the Case

Forrest A. Bennett, Remy, Burns, & Schiller, San Antonio, for appellants.

Herbert Oliver, W. W. Palmer, Edward W. Penshorn, San Antonio, for appellee.

NORVELL, Justice.

This is a suit for judgment upon a promissory note with a foreclosure of a materialman's and mechanic's lien against a homestead. The note was for the principal sum of $10,447, dated May 10, 1950, and due on or before 120 days after date. It was executed by Joseph P. Magee, Jr., and Wanda F. Magee, and payable to the order of P. H. Blank and D. M. Cude.

On May 10, 1950, Magee and wife also entered into a materialman's and mechanic's lien...

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