Lyon v. Elser
Texas Supreme Court
Appeal from Hill. Tried below before Hon. J. M. Hall. This is an appeal from a judgment final for the defendant-on demurrer to the petition. The petition set up in detail the facts relied upon for title by the plaintiff and the facts constituting the title of the defendant. The plaintiff claimed under proceedings enforcing to judgment and sale a supposed lien under facts set out in the head notes. The defendant was shown to claim under a valid execution sale of the property.
1Opinion of the Court
Walker, Associate Justice.
Under the Constitution of the State, article 16, section 37, mechanics and material men have a lien upon the buildings made by them for the labor or materials furnished; and the Legislature is enjoined to provide by law for the speedy and efficient enforcement of them.
Article 3165, Revised Statutes, under which the claim of plaintiff is asserted, prescribed that “in order to fix and secure the lien herein provided for, the person or firm, * * * artisan, or lumber dealer furnishing material shall have the right at any time within six months after such debt becomes due…
2Cases cited3 opinions
- Lyon v. OzeeTexas Supreme Court · 1886
- Tinsley v. BoykinTexas Supreme Court · 1877
- Reese & Jaudon v. CorlewTexas Supreme Court · 1883
3Cited by3 opinions
- Banner Oil & Gas Co. v. GordonCourt of Appeals of Texas · 1921
- Boots Builders, Inc. v. Hobson Air Conditioning, Inc. (In Re Boots Builders, Inc.)United States Bankruptcy Court, N.D. Texas · 1981
- Banner Oil & Gas Co. v. GordonCourt of Appeals of Texas · 1921