§ 18-44-206 — Priority generally

(a) (1) The lien given in this section and §§ 18-44-201 - 18-44-205 and 18-44-207 - 18-44-210 against the land or leasehold interest in the land, on the oil pipeline or gas pipeline, including the right-of-way, on any lease for oil and gas purposes, including the buildings and appurtenances on the land, on the materials and supplies so furnished, on the oil well, gas well, water well, oil or gas pipeline, mine, or quarry for which the materials were furnished or labor performed, and on all other oil wells, gas wells, and water wells on the lands shall be prior and paramount to, and in preference of, any and all subsequent liens, encumbrances, and mortgages. (2) Except as provided in this subchapter, all liens established in this subchapter shall be of equal dignity. (b) (1) The lien provided for in this section and §§ 18-44-201 - 18-44-205 and 18-44-207 - 18-44-210 shall attach to the machinery, material, supplies, and to any specific improvements made in preference to any prior lien, encumbrance, or mortgage upon the land or leasehold interest upon which the machinery, material, supplies, or specific improvements are placed or located. (2) However, any lien, encumbrance, or mortgage upon the land, or any leasehold interest, existing at the time of the inception of the lien provided for in these sections shall not be affected by the new lien, and such holders of liens upon the land or leasehold interest shall not be necessary parties in suits to foreclose the lien created.

Legislative History

Acts 1923, No. 615, § 4; Pope's Dig., § 8908; A.S.A. 1947, § 51-704.