The priorities of liens provided for by this act shall be fixed as to several lien claimants as of the time of serving notice or of filing suit as provided in Section 48-3-13 NMSA 1978.
History: Laws 1851-1852, p. 243; C.L. 1865, ch. 77(2d), § 8; C.L. 1884, § 1541; C.L. 1897, § 2238; Code 1915, § 3338; Laws 1917, ch. 65, § 1 (3340); 1923, ch. 24, § 1 (3340); C.S. 1929, § 82-408; 1941 Comp., § 63-308; 1953 Comp., § 61-3-8.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The subject matter which was originally contained in Code 1915, 3338, was given number 3340 in the 1917 and 1923 amendatory laws. For the original Code 1915, 3340, see 48-3-13 NMSA 1978.
The term "this act," referred to in this section, apparently means Laws 1917, Chapter 65, which appears as 48-3-1, 48-3-2, 48-3-4, 48-3-5, 48-3-7 to 48-3-15 NMSA 1978.
Cross references. — For occupational taxes by municipality, see 3-38-6 NMSA 1978.
Lien priorities covered by section. — This section pertains to priority between liens established by Sections 48-3-1 to 48-3-15 NMSA 1978 and does not apply to liens not covered by these sections. Chessport Millworks, Inc. v. Solie, 1974-NMCA-036, 86 N.M. 265, 522 P.2d 812.
This section does not include judgment liens. Gathman v. First Am. Indian Land, Inc., 1965-NMSC-003, 74 N.M. 729, 398 P.2d 57.
Landlord's lien with priority over subsequent security interest. — Landlord's statutory lien which attached at the beginning of the tenancy for rental due or to become due under the terms of the lease is accorded priority over a subsequent security interest. Chessport Millworks, Inc. v. Solie, 1974-NMCA-036, 86 N.M. 265, 522 P.2d 812.
Mortgage by continuing tenant before second term with priority. — Mortgage of personal property made by continuing tenant during first term of lease, but prior to commencement of new term, created a lien superior to that of the landlord for rent of such second term. Dees v. Dismuke, 1925-NMSC-033, 30 N.M. 528, 240 P. 198.
Landlord's lien with priority over subsequent judgment lien. — Landlord's statutory lien attached at the beginning of the tenancy for rental due or to become due under the terms of lease, and had priority over execution lien arising from judgment recovered against tenants during lease, even though execution issued and sheriff levied on tenant's property before suit. Gathman v. First Am. Indian Land, Inc., 1965-NMSC-003, 74 N.M. 729, 398 P.2d 57.
Unrecorded sales contract was not invalid as to landlord's lien, the landlord's lien claimant being neither a mortgagor nor judgment nor attaching creditor. Beebe v. Fouse, 1921-NMSC-045, 27 N.M. 194, 199 P. 364.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Liens §§ 51 to 58.
Priority of landlord's lien as against chattel mortgage, 37 A.L.R. 400, 52 A.L.R. 935.
Priority between tax or assessment lien and mortgage or other nontax lien held by state or municipality, 159 A.L.R. 832.
Priority as between lien for repairs and right of seller under conditional sales contract, 36 A.L.R.2d 198.
Priority as between artisan's lien and chattel mortgage, 36 A.L.R.2d 229.
Automobiles: priorities as between vendor's lien and subsequent title or security interest obtained in another state to which vehicle was removed, 42 A.L.R.3d 1168.
Priority between attorney's lien for fees against a judgment and lien of creditor against same judgment, 34 A.L.R.4th 665.
Priority between attorneys charging lien against judgment and opposing party's right of setoff against same judgment, 27 A.L.R.5th 764.
Right of mortgagee and/or lienor to compensation when property subject to mortgage and/or lien is taken by federal government forfeiture based on criminal acts of owner, 136 A.L.R. Fed. 593.