Lyon v. Ozee

Citations

• 66 Tex. 95
• 17 S.W. 405
• 1886 Tex. LEXIS 452

Syllabus

<p>1. Mechanics’ lien—How fixed—Failure to record a bill of particulars, as provided in R. S., art. 3166, is a fatal non-compliance with the statute as to the manner of fixing lien for security of building material furnished under a verbal contract.</p> <p>2. Same—Statute construed—The written contract to be recorded and thereby fix a lien to secure building material furnished, as provided inR. S., art. 3165, is one by virtue of which the material was furnished ; and not any subsequent contract relating to the same matter.</p> <p>3. Same—Homestead—Constitution construed—Sec. 50, art. 16 of the constitution, protects the homestead from “ forced sale for the payment of all debts except * * * * for work and material used in constructing improvements thereon,” and then only when such work and material are contracted for in writing, and the wife's consent to the contract is procured in the manner required in selling and conveying the homestead. It is clear that the wife’s consent must precede the purchase of the material. (R. S., art. 3174.)</p> <p>4. Case compared—Taylor v. Huck, 65 Tex., 238, compared.</p>