Gray v. New Mexico Pumice Stone Co.

Citations

• 15 N.M. 478

Syllabus

<p>SYLLABUS.</p> <p>1. Claim' of lien held sufficient on its face as, to its ■ terms where record shows1 that there were no other terms-or conditions' than: “Claimant agreed to and with the New Mexico Pumice Stone and Lithograph 'Company, to work for said company for the sum of $3 per day and hoard.”</p> <p>2. In the case under consideration, the specific character of the labor performed by the lien claimant is not stated further than to- say that it was labor performed in the construction of the mining claim on the land. This seems to bs sufficiently definite and may include many different kinds of labor, for all of which, a claimant would be entitled to a lien.</p> <p>3. Every person who deals directly with the owner of the property and who, in pursuance of a contract with him ‘'performs labor or furnishes material, is an original contractor within the meaning of the mechanics’ lien statute.</p> <p>4. Separate demurrer directly raises question whether the complaint and claim of lien stated facts sufficient to constitute a cause of action against the defendant demurring.</p> <p>5. Attorney’s fees properly allowed by trial court.</p> <p>6. Under New Mexico mechanics’ lien law, labor of any class bearing a direct relation to the mining operations held sufficient to form a basis for a claim of lien, and labor expended by a lien claimant in care of the team of horses upon a mining claim, and which are used in the mining operations thereon, as well as labor performed in a lime kiln, closing lime bins and gathering up tools at the lime quarry and lime kiln, all on the mining claim, furnish a basis for a claim of lien upon, the mining claim.</p> <p>7. The' words “mining claim” mean a portion of the public mineral lands of the United States, to which qualified persons may first obtain the right of occupancy and possession by means of location, and secondly, title by pursuing certain prescribed methods therefore.</p> <p>8. Where title to limestone mine was originally obtain