Wilkins v. Fecht

POPE, Justice.

The question presented is whether defendant Allen Fecht was an “owner of any gas, oil or mineral leasehold interest in land” under the terms of Article 5473, Vernon’s Tex.Civ.Stats. The court awarded plaintiff, R. H. Wilkins, a personal judgment for $1,398.50 for work he did on an oil well, but denied his claim for a mechanic’s lien. This was a correct decision.

A laborer’s lien under Art. 5473 attaches only to that property which is specifically mentioned in the statute. The proceeds of the sales of oil produced from a well are not included in the statute and are therefore not…