Samuel Blatchford

“ He undertook to do so, but the master reported that he found, from the evidence, that the note on which the judgment was predicated included amounts not secured by a lien under the act of 1879, as well as amounts for which a lien was given under that act, and that Wilcox had no lien prior to the first mortgage bondholders. On exceptions by Wilcox, the circuit court sustained his exceptions, and awarded him a lien with the priority he claimed, for the full amount of $5,526.78, with interest. We do not think the evidence before the master sustained the lien for the whole of that amount. ”

“ Be it enacted by the legislature of the state of Texas, that all mechanics, laborers, and operatives who may have performed labor in the construction or repair of any railroad, locomotive, car, or other equipment to a railroad, or who may have performed labor in the operating of a railroad and to whom wages are due or owing, shall hereafter have a lien prior to all others upon such railroad and its equipment for such wages as are unpaid. ”

“ It is essential to such a proceeding that there should at least be constructive notice, by some form of publication or advertisement, to adverse claimants, to appear and maintain their rights, before a judgment in such a proceeding can operate, even as prima facie evidence. ”