Citations
- 294 S.W.2d 418
Full opinion text
HAMILTON, Chief justice.
This is a suit, by'appellant, Home Improvement Loan Company, on a note, and for foreclosure ‘ of a mechanic’s lien óri- a house and lot, the homesteab of appellees, Stine Johnson and'"wife, Lillian Johnson, located in the town of Palestine, Anderéon County! ' ■
On -appellee’s motion for summary judgment the court denied the foreclosure of the mechanic’s lien and on. appellant’s motion .granted judgment for appellant on its pote. From said .judgment the Home Improvement Loan Company has appealed. ‘
' It appeárs that appellees entered into a contract'with Marvin A. Smith'Company to do certain improvements on their homestead. They -signed a note in the ‘amount of $1,521.60, arid executed' a mechanic’s lien on their homestead to'-áeeure' the payment of same. It further appea'rs!that the, agent -of Marvin A. - Smith' Coriipariy, after-' getting the appellees'to sign said mechanic’s d-ien, took tlie contract to a Notary , and had him fill out the notary’s certificate Without either qf appellees appearing‘before irim. It f urther appears ..that when the work of the Contract- had been .corqpleted .that. the. ap-; pel-lees executed the following, certificate of completion:. • /
"Certificate' of Cdmpletion.-'
“Do .Not Sign: This Certificate.Until.. the Wqrk Has- Been Satisfactorily Completed. .
“I/we, the undersigned, hereby fceri '' tify, warrant 'an