Irving Lumber Company v. Alltex Mortgage Company

I respectfully dissent.

Article 5459, Vernon’s Annotated Civil Statutes, dealing with mechanics’ and ma-terialmen’s liens provides:

“The lien * * * shall attach to the house, building, improvements * * * for which they were furnished or the work was done in preference to any prior lien or encumbrance or mortgage upon the land upon which the houses, buildings, or improvements * * * have been put, or later performed, and the person enforcing same may have such house, building or improvements * * * sold separately, provided, any lien, encumbrance or mortgage on the land or improvement at the time…