Wm. Cameron & Co. v. Marshall

Citations

• 65 Tex. 7
• 1885 Tex. LEXIS 303

Syllabus

<p>1. Revised Statutes, title lxi — Construction—Intent.—It was made the intention of the legislature in title LXI to prescribe a general plan to be pursued in reference to all such liens as are treated of in that chapter.</p> <p>2. Same.—Art. 3166 and the three succeeding ones show that it was made an essential towards securing these liens that a record of the contract should be made in the county clerk’s office within six months after the debt for labor or materials should become due.</p> <p>3. Same.— It is clear that whenever the “ record ” is alluded to in the articles succeeding article 3165, a record within six months is intended; those articles are to be construed in connection with article 3165.</p> <p>4. Same—Homestead.—Art. 3174, R. S., was intended to except homestead liens from .such provisions only of the preceding articles as allowed a lien to be created when the contract was not in writing, and not executed, and privily consented to by the wife. Resort must be had to the other articles to determine the place and manner of recording liens on homesteads, and there is no reason for not resorting to them to ascertain the time within which the record should take place.</p> <p>5. Mechanic’s lien—Record time.—A mechanic’s lien has no existence without the record; there must, therefore, be a prescribed time within which to record it, for the owner of the property is not to be kept indefinitely in suspense as to whether or not his property is to be subject to a lien, which may be fixed upon it at the option of another.</p> <p>6. Same.—The statute has fixed six months as a reasonable period, and it applies to homesteads as well as other property, since the former are not exempted from the rule by express terms.</p> <p>7. Same.— An express agreement in a mechanic’s contract that he should have a lien upon the homestead, as provided by law, would not create a lien until all the requirements of the statute were complied with.</p> <p>8. Jurisdiction.—Suit was broug