Ehlers v. Elder

Citations

• 51 Miss. 495

Syllabus

<p>1. Mechanic’s Lien : Its creation. Statute of limitations.</p> <p>The mechanic's lien is a creature of the statute, It exists on certain conditions independent of any special contract. It is unknown to tbe common law, and is a cumulative remedy wbicli may be concurrently pursued in connection with the ordinary actions for the collection of debts., Two conditions are prescribed upon which it is available to a creditor: (1) He must furnish the. material or labor for the purposes defined; and (2) He must bring his action within six months after the money * * claimed becomes due. Sec. 1609, Code of 1871. If no . time be fixed by contract to pay for the material furnished or labor done, then the law implies a contract to pay presently on delivery or performance, and from that date a computation of the six months, within which to bring suit, should begin. The statute of limitations begins to run on the day the money becomes due by the terms of the original contract.</p> <p>3. Same : Waiver of lien.</p> <p>Tiie acceptance of a note payable at a future day, by a creditor claiming tlio lien, is an abandonment of the lien, if by tbe terms of the note the time of the payment has been extended beyond the date as fixed by the original debt, but if the note conforms to the terms of the original contract of lien or purchase, then the note is but a memorial sf such contract, and the statute begins to run from its maturity.</p>