Gillespie v. Remington

Citations

• 66 Tex. 108
• 18 S.W. 338
• 1886 Tex. LEXIS 456

Syllabus

<p>1. Mechanic’s, etc., lien—Statutes construed—Practice—Plaintiff, under a verbal contract, furnished defendant with materials with which to build a house; a note was afterwards given for the amount Suit was brought on the note and a foreclosure of the statutory lien sought. Held:</p> <p>(1) It was not. necessary for plaintiff's petition to state the date of the original contract. The statute makes the fixing of the lien have reference to the time of maturing and not the time of making the contract.</p> <p>(2) See opinion for description of lot and improvements held sufficient.</p> <p>(3) The failure to deliver to the debtor within six months after the maturity of the demand tne duplicate provided for in art. 3166, R. S., did not prevent the lien. /</p> <p>(4) See opinion for pleading held to assert the existence of a lien.</p> <p>(5) The statute does not require the registered account to be accompanied by a statement of the interest or title of the owner in the encumbered property.</p>