Swope v. Stantzenberger

Citations

• 59 Tex. 387
• 2 Tex. L. R. 46
• 1883 Tex. LEXIS 178

Syllabus

<p>1. Mechanic’s lien — Description.— Under the mechanic’s lien law of 1876, a contract was filed and recorded, and the land against which the lien was claimed was described by giving the name of the original grantee and of a creek on which the land was, and for particular description of that portion owned by the employer, reference was made to a deed conveying the land to him, giving the book and page of the county records. The location of that portion of the land on which the house was built was described as “the north or upper part of the tract.” Held, that both the description of the entire tract, and of that portion on which the lien was claimed, were sufficient.</p> <p>2. Same.— When there was no specific designation of the lines of the fifty acres on which a mechanic’s lien was claimed, it was properly designated by an official survey, ordered by the court as a basis for foreclosure of the lien by sale.</p> <p>3. Homestead.— A mechanic claimed a lien for labor on a house, performed under a verbal contract, and the owner set up that the contract was not in writing and that the property was his homestead. Held, that if at the time the contract was made the property was not the homestead of the owner, no subsequent act of his in having lumber on the ground to build and having the mechanic to construct him a house, could impress on the property the homestead character.</p>