Post v. Fleming

Citations

• 10 N.M. 476
• 10 Gild. 476

Syllabus

<p>.■SYLLABUS BY THE COURT.</p> <p>1. Mechanic’s Lien — Mining Claims. — Where a co-owner of a mining claim authorizes his co-owner and others to place mining machinery upon their claims and to do mining thereon, and the foreman in charge of such mining employs laborers to work upon such claims,' who perform labor thereon, of which facts such co-owners have notice, and fail to post the notice as provided for in section 2226, C. L. 1897, such laborers are entitled to a lien upon the entire claim or claims, and may file and foreclose a lien for the value of the labor performed thereon.</p> <p>2. Owner’s Agent. — Under such circumstances, the foreman in charge of the mining done upon such claim, is the agent of the owners thereof, under section 2217, C. L. 1897, notwithstanding such foreman was employed by one of the co-owners.</p> <p>3. Joint Lien — Effect of. — A lien filed against several mining claims is not void because the amounts against each claim are not segregated in the lien, but where other liens exist at the time, such lien is postponed to other valid liens.</p>