Mississippi § 85-7-135-85-7-139 - Repealed.

§ 85-7-135-85-7-139. Repealed.

Repealed by Laws, 2014, ch. 487, § 24, effective from and after passage April 11, 2014. § 85-7-135 . [Codes, 1857, ch. 39, art. 2; 1871, § 1604; 1880, § 1379; 1892, § 2699; 1906, § 3059; Hemingway’s 1917, § 2419; 1930, § 2259; 1942, § 357; Laws, 1926, ch. 150; Laws, 2010, ch. 372, § 2, eff from and after July 1, 2010.] § 85-7-137 . [Codes, 1857, ch. 39, art. 3; 1871, § 1605; 1880, § 1380; 1892, § 2700; 1906, § 3060; Hemingway’s 1917, § 2420; 1930, § 2260; 1942, § 358.] § 85-7-139 . [Codes, 1857, ch. 39, art. 5; 1871, § 1607; 1880, § 1382; 1892, § 2701; 1906, § 3061; Hemingway’s 1917, § 2421; 1930, § 2261; 1942, § 359.] Editor’s Notes — Former § 85-7-135 provided that liens under § 85-7-131 (as it appeared prior to the 2014 amendment) exist only in favor of the contractor or an employee. Former § 85-7-137 provided a lien for construction, alteration or repair of any house or building that was done at the instance of a person not the owner of the property attached only to the house or building and the estate of the person who is not the owner of the property. For present similar provisions, see § 85-7-411 . Former § 85-7-139 provided that a written contract for the construction or repair of a house or building could be recorded. Amendment Notes — The 2010 amendment inserted “or furnish such rental or lease of equipment.” JUDICIAL DECISIONS 1. In general. Construction liens placed by a mortgagor on his property after the property had been foreclosed were invalid under Miss. Code Ann. §§ 85-7-131 and 85-7-135 [repealed] because any repairs made by the mortgagor were made without authorization or knowledge of the purchaser at foreclosure. Pepper v. Homesales, Inc., 2009 U.S. Dist. LEXIS 16692 (S.D. Miss. Mar. 3, 2009). A lumber contractor who made home improvements with the owners’ knowledge and consent but without their written permission was entitled to a lien to cover the cost of improvements for which the price had not been paid only to the extent that the improvements could be removed without damaging the owners’ interest in the house where an oral construction contract was negotiated with the daughter of the owners who, although she lived in the house and made payments to her parents equivalent to mortgage payments, was neither the beneficiary of a resulting trust in the house nor the vendee of an enforceable contract of sale, and thus, had no interest in the house to which the lien could attach. Brown v. Gravlee Lumber Co., 341 So. 2d 907, 1977 Miss. LEXIS 2282 (Miss. 1977). Where the lessor if not expressly, at least impliedly, authorized the lessee to repair the existing building and to construct a new one and therefore make a contract for that purpose with the lumber company, the lumber company acquired a lien on the building for such repair and construction and under this section [Code 1942, § 357] such lien extends to and covers the entire lot on which the buildings stand and the entire curtilage thereto belonging. Burwell v. Planters Lumber Co., 220 Miss. 79, 70 So. 2d 71, 1954 Miss. LEXIS 411 (Miss. 1954). Where bank which owned golf course agreed to lease it in consideration of lessee’s deposit of money with bank which money was to be withdrawn by lessee in payment of repairs, and subsequently on lessee’s failure to deposit money bank agreed to accept repairs in lieu of money, laborers and materialmen who contracted with lessee to make repairs and improvements held not entitled to recover from bank for such repairs, where there was no obligation on part of bank express or implied to pay claims. Wenger v. First Nat'l Bank, 174 Miss. 311, 164 So. 229, 1935 Miss. LEXIS 71 (Miss. 1935). Laborers under the contractor have no lien and cannot impose on the owner any higher duty or further payment than he by his contract has imposed on himself. Herrin v. Warren & Mobley, 61 Miss. 509, 1894 Miss. LEXIS 60 (Miss. 1894); Wenger v. First Nat'l Bank, 174 Miss. 311, 164 So. 229, 1935 Miss. LEXIS 71 (Miss. 1935). RESEARCH REFERENCES ALR. Release or waiver of mechanic’s lien by general contractor as affecting right of subcontractor or materialman. 75 A.L.R.3d 505. Landlord’s liability to third party for repairs authorized by tenant. 46 A.L.R.5th 1. Am. Jur. 53 Am. Jur. 2d, Mechanics’ Liens §§ 65 et seq. CJS. 56 C.J.S., Mechanics’ Liens §§ 72 et seq.