Eccles v. Will

Citations

• 23 N.M. 623

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>The lien authorized by section 266, Code 1915, for the expense incurred for repairs and work upon an artesian well, in preventing the waste of water by such well, does not take precedence over a prior recorded mortgage; the statute being silent upon the question. Such a lien is not a tax, based upon the theory of benefits, but is for the cost and expense of doing an act which it was the legal duty of the owner to do, and which he failed to do, and is referable to the police power.</p>