Lyon & Gribble v. Logan

Citations

• 68 Tex. 521
• 5 S.W. 72
• 1887 Tex. LEXIS 728

Syllabus

<p>1. Mechanic’s Lien.—The registration of a bill of particulars of material furnished for the construction a house, filed for record and recorded in the office of the clerk of the county court, to which is appended a statement embracing a description of the lots on which the house was erected, is not invalidated because the description also embraced other ground on which no building was done. The fact that a lien is claimed on more land than it can lawfully cover, can not vitiate it in its application to so much of the land described as the lien may properly apply to, unless the claim is intentionally or fraudulently made, or would in some way operate to the injury of the owner or third persons.</p> <p>2. Lien—Registration.—The object contemplated by the statute in requiring registration, is to give notice to third persons of the existence of the lien, and to accomplish this, the statute only requires that the account or contract recorded “shall be accompanied by a description of the lands, lots, houses and improvements made, against which the lien is claimed.”</p> <p>3. Lien—Registration.—The fact that the registration of a contract or bill of particulars, with its accompanying statement necessary to fix a mechanic’s lien, is made in a book also used by the clerk to record bills of sale, will not affect the validity of the record, if the book is also used for the purpose of recording all mechanic’s liens.</p> <p>4. Pleading.—Defective averments in the petition may be cured by the averments in the answer, and for this purpose both may be considered on demurrer.</p> <p>5. Mechanic’s Lien.—When materials are furnished under a single contract for buildings to be erected on two or more contiguous lots owned by the person contracting for them to be supplied, the lien attaches to all the lots. If the owner omitted to make separate contracts for the improvement of each lot, he can not be heard to say that a lien does not attach to all the lots for all the material used.</