If said lien is not discharged and paid within sixty days from the date of its filing with the county clerk, the county board of horticultural commissioners shall in its official capacity and name institute suit in the district court for the foreclosure of said lien, and the procedure therefor shall be the same as is provided by law for the foreclosure of a materialman's or mechanic's lien on real estate, and if said property does not bring enough to satisfy said lien claim, a deficiency judgment shall be had against the defendant, upon which execution shall issue. The lien claim herein provided for shall take priority over any mortgage, attachment, other lien or other claim against the premises against which such lien is filed.
History: Laws 1909, ch. 69, § 4; Code 1915, § 2733; C.S. 1929, § 66-105; Laws 1931, ch. 116, § 2; 1941 Comp., § 48-205; 1953 Comp., § 45-2-5.
Cross references. — For materialmen's and mechanics' liens generally, see 48-2-1 NMSA 1978 et seq.
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