The Laws of Texas, 1822-1897 Volume 2 Page: 67
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Laws of the Repqublic of Texas.
may put up or erect or work upon, and also upon the tract, parcel
or lot of land upon which such building or buildings shall be put
up and erected, until the price or compensation for services and for
materials found shall be fully paid and satisfied, unless a contrary
stipulation be made and agreed upon at the time it is entered into:
Provided always, That such lien shall not have a priority over bona
fide mortgages or legal incunbrances existing anterior to the time
of the contract being-made, if the said mortgages or legal incumbrances
shall duly be recorded according to law: Provided also,
That in all cases such builder or mechanic shall have an exclusive
lien on all improvements made by him, to the extent of his claim
for the same.
Sec. 2. Be it further enacted, That every contract made and entered
into as aforesaid, shall be recorded in the office of the Clerk
of the county, when such building as aforesaid shall be erected and
put up within the space of thirty days after the contract is made,
dr otherwise the said lien shall cease, and be inoperative.
Sec. 3. Be it further enacted, That when suit shall be brought
by any master builder or master builders, mechanic or mechanics,
upon any contract made, executed and recorded as aforesaid, and
a judgment or decree shall be rendered in favor of such master
builder or mechanic, execution for the amount of the same may be
levied upon the tract, parcel or lot of land upon which such building
or buildings have been put up and erected, as well as upon the
buildings and improvements thereupon erected and made, and all
the right, title and interest which the defendant had in and to the
said tract, parcel or lot of ground at the time the contract was entered
into, as well as the building and improvements erected and
made thereon, may be sold to. satisfy such judgment or decree:
Provided, nevertheless, That nothing in this act contained shall
prevent such master builder or mechanic from levying his said
execution upon any other property belonging to the person or persons
against whom such judgment or decree shall have been rendered.
JOBHN M. HANSFORD,
Speaker of the House of Representatives.
DAVID G. BURNET,
President of the Senate.
Approved, January 23, 1839.
MIIRABEATU B. LAMAR.
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth6726/m1/71/: accessed June 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .