Whenever materials, tools, machinery, equipment or oil and gas supplies shall have been furnished for use or employment in the digging, drilling, torpedoing, completing, operating or repairing of any oil or gas well, or in the construction, operation or repairing of any gas pipeline, oil pipeline or gasoline pipeline, such materials, machinery, equipment or oil and gas supplies shall not be subject to attachment, execution or other legal process to enforce any debt due by the purchaser of such materials, machinery, tools, equipment or supplies, except a debt due for the purchase price thereof so long as such purchase price, or any part thereof, remains unpaid, and such materials, tools, machinery, equipment or supplies are in good faith about to be used for the purposes for which they were so furnished, until after the expiration of the time for filing a lien for such purchase price under the provisions of this act [70-4-1 to 70-4-15 NMSA 1978].
History: Laws 1931, ch. 11, § 12; 1941 Comp., § 69-412; 1953 Comp., § 65-5-12.
Cross references. — For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.
For form for claim of exemptions on executions, see Rule 4-803 NMRA.
For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA.
For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA.
For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA.
For form for claim of exemption from garnishment, see Rule 4-809 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gas and Oil § 137.
58 C.J.S. Mines and Minerals § 262.
Structure New Mexico Statutes
Article 4 - Liens on Wells and Pipelines
Section 70-4-2 - Labor, hauling and materials considered under continuous contract.
Section 70-4-3 - Liens of subcontractors.
Section 70-4-4 - Claim of lien; contents and filing.
Section 70-4-5 - Recording; index; fees.
Section 70-4-6 - Liability of owner limited to contract price.
Section 70-4-7 - Limitation of action to enforce.
Section 70-4-8 - Enforcement of lien.
Section 70-4-9 - Joinder of actions; attorney's fees; costs.
Section 70-4-10 - Definition of words "person" and "subcontractor".
Section 70-4-11 - Preference to laborers; no preference to first contractors.
Section 70-4-12 - Materials exempt from attachment.
Section 70-4-13 - Personal liability.