Shields v. Morrow

Citations

• 51 Tex. 393

Syllabus

<p>1. Mechanic’s lien.—Under the act of November 17,1871, (Paschal’s Dig., art. 7112,) a snb-contractor who supplied work and materials upon a building- under contract with the master builder and not with tiie owner, was not entitled, under the provisions of that act, to a mechanic’s lien upon the building and ground on which it was erected for the payment of his debt.</p> <p>2. Statutes construed.—Former acts conferring liens in favor of mechanics, reviewed and discussed.</p> <p>3. Mechanic’s lien.—The. act of November 17, 1871, (Paschal’s Dig., art. 9112,) was intended chiefly to give a mechanic’s lien to original contractors on verbal as well as upon written contracts, since the former statutes liad confined the lien to the latter class of contracts.</p> <p>4. Causes discussed.—This case distinguished from Waldroff v. Scott, 46 Tex., 1.</p> <p>5. Registration—Statutes construed.—Registration in the office of the county clerk of an instrument required to be recorded by the clerk of the District Court, under an act passed at a time when both offices were merged in that of district clerk, will be sufficient when the registration is made after the office of county clerk has been reestablished.</p>