Horan v. Frank

Citations

• 51 Tex. 401

Syllabus

<p>1. Lien—Mechanic’s lien.—Neither under section 37 of article 16 of the Constitution of 1876, nor under the act of August 7, 1876, is a lien given to a sub-contractor for (lie construction of a house. The claim of the sub-contractor for building- a homestead may be protected by delivering to the owner of the property an attested account of the amount due from the principal contractor, and the property owner is thus made liable to the sub-contractor for the amount of (he claim, provided it does not exceed the amount then due from the owner to the original contractor.</p> <p>2. Approved.—Shields v. Morrow, ante, approved.</p> <p>3. Lien—Sub-contractor—Quere.—Whether a sub-contractor may not be subrogated to the lien rights of the principal.' oonti-aetor to-the extent due the principal contractor, when on proper pleadings and evidence it is made apparent that a fraudulent combination exists between the property owner and the insolvent original contractor to defraud the sub-contractor?</p>