Pope v. A. T. Graham & Co.

Citations

• 44 Tex. 196

Syllabus

<p>1. Mechanics’ lien, record of.—It is not necessary that a written contract intended to secure a mechanics’ lien should he authenticated before being recorded.</p> <p>2. Mechanics’ lien—Homestead.—The lien of a mechanic for labor or materials in constructing a house or property occupied as a homestead cannot be defeated by the homestead exemption.</p> <p>3. Mechanics’ lien.—A mechanics’ lien for labor and materials in constructing a house, where the written contract for the building is recorded within six months after the debt becomes due, is not lost by the fact that subsequent to the registry of the contract the mechanic had received a negotiable note for a balance of the debt due, (which also recited the consideration to be for building and materials, and in terms reserved a lien,) which note was not recorded; in such case the note would only serve to show the balance due on the contract, leaving the lien still in force.</p> <p>4. Evidence.—When an instrument which has been recorded is in evidence the original record-book may be also used in evidence for the purpose of showing more definitely than would appear from a defective certificate of the clerk on the instrument, the fact of the record and its date.</p> <p>5. Lien, waiver of.—Whether a lien is waived or not is generally a matter of intention; when it has once attached, the taking of a negotiable security for the debt does not of itself operate as a release of the lien.</p>