44-1-4. Creation of lien--Contract--Operation of law.
A lien is created:
(1)By contract; or
(2)By operation of law; but no lien arises by mere operation of law until the time at which the act to be secured thereby ought to be performed.
Source: CivC 1877, §§1702, 1703; CL 1887, §§4326, 4327; RCivC 1903, §§2022, 2023; RC 1919, §§1527, 1528; SDC 1939, §39.0103.