Eccles v. Will
New Mexico Supreme Court
Error to District Court, Chavez County; McClure, Judge. Proceeding by W. R. Eccles, Artesian Well Supervisor of Chaves County, against A. O. Will. From a judgment of the district court giving precedence to the lien of defendant’s mortgage over the statutory lien, the plaintiff brings error. Mortgage lien is not superior to lien of Supervisor in expending money in making well repairs.
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Error to District Court, Chavez County; McClure, Judge. Proceeding by W. R. Eccles, Artesian Well Supervisor of Chaves County, against A. O. Will. From a judgment of the district court giving precedence to the lien of defendant’s mortgage over the statutory lien, the plaintiff brings error. Mortgage lien is not superior to lien of Supervisor in expending money in making well repairs. Secs. 265, 266 Code 1915. Secs. 3319 and 3322 Code 1915. Statute does not fix priority of well lien, and consequently it takes effect according to conditions existing at time it is ■ perfected, and does not…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
This writ of error was sued out for the purpose of reviewing the action of the trial court in holding that defendant in error’s mortgage was superior to the lien authorized by section 266, Code 1915. This section of the statutes is a part of a chapter which regulates artesian wells, and authorizes the artesian well supervisor, therein provided for, to make repairs upon artesian wells, or to plug the same in certain cases. The section reads:
“The expenses incurred for the repairs of work aforesaid shall become a lien on the land, where such well or reservoirs are…
2Cases cited8 opinions
- Cleveland v. BatemanNew Mexico Supreme Court · 1915
- State ex rel. Ely v. Ætna Life InsuranceIndiana Supreme Court · 1889
- Morey v. City of DuluthSupreme Court of Minnesota · 1899
- City of Richmond v. Williams & BoweSupreme Court of Virginia · 1904
- Killian v. AndrewsIndiana Supreme Court · 1892
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3Cited by4 opinions
- State Ex Rel. Hill v. District Court of Eighth Judicial DistrictNew Mexico Supreme Court · 1968
- Slemmons v. MassieNew Mexico Supreme Court · 1984
- Diamond Trailer Sales Co. v. MunozNew Mexico Supreme Court · 1963
- Altman v. KilburnNew Mexico Supreme Court · 1941