First National Bank Graham and Guy Meacham v. Emmett Sledge by Fifth District, Dallas Court of Appeals of Texas

First National Bank Graham and Guy Meacham v. Emmett Sledge

By Fifth District, Dallas Court of Appeals of Texas

  • Publication Date: 1983-06-22
  • Genre: Law

Book Synopsis

This is a mechanics and materialmans statutory lien case. The First National Bank in Graham sued the owner, Guy Meacham, and five subcontractors to remove a cloud from title to land caused by lien affidavits filed by the subcontractors. Alternatively, the Bank sought declaratory judgment that the mechanics and materialmans contract lien which it holds is superior to the statutory liens of the subcontractors. The subcontractors counterclaimed against the Bank for foreclosure of their mechanics and materialmans liens and cross-claimed against Meacham for attorneys fees. The trial court rendered judgment for the subcontractors on both claims. The court of civil appeals affirmed the trial court judgment. 616 S.W.2d 954. We reform the judgments of the courts below with respect to the subcontractors lien claims and, as reformed, affirm. We reverse the judgments of the courts below with respect to attorneys fees and render judgment that the subcontractors take nothing on their cross-claim.

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