Legal Opinion

L & N CONSULTANTS, INC. v. Sikes

Texas Court of Appeals, 5th District (Dallas)

Decided February 28, 1983No. 05-82-00027-CVPublishedCited by 4 opinions

1Opinion of the Court

FISH, Justice.

The question presented on this appeal is whether the statutory mechanic’s and mate- rialmen’s lien perfected by a general contractor is superior to a previously recorded deed of trust lien. We agree with the holding of the trial court that the contractor’s mechanic’s and materialmen’s lien is entitled to preference upon the removable improvements on the property. Accordingly, we affirm.

Richard H. Sikes, Inc., the general contractor on a townhouse development, sued L & N Consultants, the successor in interest to the mortgage lender, to establish and foreclose a statutory…

2Cases cited13 opinions

  1. First National Bank in Dallas v. Whirlpool Corp.Texas Supreme Court · 1974
  2. Page v. Superior Stone Products, Inc.Court of Appeals of Texas · 1967
  3. McCallen v. Mogul Producing & Refining Co.Court of Appeals of Texas · 1923
  4. Freed v. BozmanCourt of Appeals of Texas · 1957
  5. Parkdale State Bank v. McCordCourt of Appeals of Texas · 1968

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3Cited by4 opinions

  1. Gold Kist, Inc. v. Carr, Texas Court of Appeals, 11th District (Eastland)1994
  2. Amegy Bank National Ass'n v. Brazos M & E, Ltd. (In Re Bigler LP)United States Bankruptcy Court, S.D. Texas · 2011
  3. First Federal Savings & Loan Ass'n v. Stewart Title Co., Texas Court of Appeals, 9th District (Beaumont)1987
  4. Wallsten v. International Bank of CommerceDistrict Court, S.D. Texas · 1991

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