Court of Appeals of Texas June 13, 1962, 10956 (Kleiner v. Eubank)

RICHARDS, Justice.

Our original opinion is withdrawn and the following opinion is substituted. Suit was brought by H. E. Eubank upon a promissory note in the sum of $17,580.00 executed by Elizabeth Kleiner, a feme sole, appellant, in favor of Mr. and Mrs. James W. Bird, the note being secured by a mechanic’s lien contract and deed of trust entered into between appellant as owner and Mrs.