Waldroff v. Scott

Citations

• 46 Tex. 1

Syllabus

<p>1. Mechanics’ lien—Judgment in rem.—The mechanics’ lien law of 1871, (Paschal’s Dig., art. 7112,) while it authorizes a sub-contractor, or employee of the contractor, to fix a lien upon the house and lot or land which may be enforced by a judgment against the owner, after a compliance with the provisions of the statute, still it does not authorize him to recover a general judgment in personam against the owner for the debt claimed, to be collected out of his property generally, as other judgments rendered against him for his own debts.</p> <p>2. Mechanics’ lien—Practice.—There being no special mode of proceeding pointed out for enforcing in the courts a mechanics’ lien under the act of 1871, the remedy pursued should be in accordance with the general principles and practice relating to the enforcement of liens.</p> <p>3. Mechanics’ lien—Parties—Practice.—It would seem to be the proper practice for the sub-contractor, on bringing a suit against the owner to enforce his lien, to make his employer a party, so as to have adjudicated the amount of his debt at the same time, unless it had been previously adjudicated, and also to make others who had liens (if there be any) parties, to settle their validity and adjust theii priority.</p> <p>4. Mechanics’ lien.—When the account and specifications of a contract, filed and recorded by the workman, who seeks to enforce a mechanics’ lien, fail to place him in the attitude of a sub-contractor, no lien can be enforced in his favor as a sub-contractor.</p>