Mississippi § 85-7-197-85-7-201 - Repealed.

§ 85-7-197-85-7-201. Repealed.

Repealed by Laws 2014, ch. 487, § 24, effective upon approval April 11, 2014. § 85-7-197 . [Codes, 1930, § 2282; 1942, § 380; Laws, 1928, ch. 136; Laws, 1984, ch. 319, eff from and after July 1, 1984..] § 85-7-199 . [Codes, 1930, § 2283; 1942, § 381; Laws, 1928, ch. 136.] § 85-7-201 . [Codes, 1930, § 2284; 1942, § 382; Laws, 1928, ch. 136.] Editor’s Notes — Former § 85-7-197 provided that liens may be recorded in lis pendens record. Former § 85-7-199 related to the entry of satisfaction when liens are paid or extinguished. Former § 85-7-201 related to penalties for filing a false notice and action to expunge. JUDICIAL DECISIONS 1. In general. In an action by the purchaser of a house for damages against the builder, the trial court erred in sustaining the builder’s demurrer to one count of the complaint charging it with falsely filing a materialmen’s lien in 1977 against the property without providing notice to the purchaser as required by § 85-7-197 [repealed] where the claim was not barred by the one-year statute of limitations set out in § 85-7-201 [repealed] because the suit had been filed in 1979 within a month after the purchaser first became aware of the lien. The fact that the notice of lien was listed in the “Notice of Construction Liens” book Liens: book established by § 85-7-133 , rather than on the lis pendens docket established by by § 85-7-197 [repealed], did not excuse the builder from the notice requirement of the latter statute. Hicks v. Greenville Lumber Co., 387 So. 2d 94, 1980 Miss. LEXIS 2056 (Miss. 1980). Knowledge that a house is newly built and that the owner is behind hand in his payments to claimant is not the equivalent of actual notice of the claim of a materialman. Jones Supply Co. v. Ishee, 249 Miss. 515, 163 So. 2d 470, 1964 Miss. LEXIS 412 (Miss. 1964). Materialmen could have protected their interest against the purchaser of a deed of trust by filing either the contracts under which their liens arose, or lis pendens notices in the office of the chancery clerk. Southern Life Ins. Co. v. Pollard Appliance Co., 247 Miss. 211, 150 So. 2d 416, 1963 Miss. LEXIS 294 (Miss. 1963). RESEARCH REFERENCES ALR. Amount for which mechanic’s lien may be obtained where contract has been terminated or abandoned by consent of parties or without fault on contractor’s part. 51 A.L.R.2d 1009. Sale of real property as affecting time for filing notice of or perfecting mechanic’s liens as against purchaser’s interest. 76 A.L.R.2d 1163. What constitutes “commencement of building or improvement” for purposes of determining accrual of mechanic’s lien. 1 A.L.R.3d 822. Am. Jur. 53 Am. Jur. 2d, Mechanics’ Liens §§ 184 et seq. CJS. 57 C.J.S., Mechanics’ Liens §§ 107 et seq. Law Reviews. 1984 Mississippi Supreme Court Review: Property. 55 Miss. L. J. 135, March, 1985. Dunn, Construction Contract Claims and Litigation-Suits on Public Bonds and Suits on Private Bonds. 55 Miss. L. J. 431, September 1985.