Curtis v. Sestanovich
Oregon Supreme Court
Appeal from Marion: Geo. H. Burnett, Judge. This is a suit to foreclose a mechanics’ lien. The Pacific Builders’ Supply Company, a corporation, furnished materials to the contractors, Sestanovich & Childs, to be used, and which were used, in the construction of a brick building at Salem, Oregon, for John Hughes; and, not having received full payment therefor, filed with the proper county clerk, on the twentieth day of July, eighteen hundred and ninety-two, a duly verified…
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Appeal from Marion: Geo. H. Burnett, Judge. This is a suit to foreclose a mechanics’ lien. The Pacific Builders’ Supply Company, a corporation, furnished materials to the contractors, Sestanovich & Childs, to be used, and which were used, in the construction of a brick building at Salem, Oregon, for John Hughes; and, not having received full payment therefor, filed with the proper county clerk, on the twentieth day of July, eighteen hundred and ninety-two, a duly verified claim of lien, of which the following is a copy: “Know all men by these presents, that the Pacific Builders’ Supply…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. The statute (section 3673, Hill’s Code,) requires the claimant, in his notice of lien, to state the name of the owner of the building sought to be charged with the lien. The authorities are unanimous in support of the doctrine that what the statute requires in order to perfect the lien is a condition precedent, and must be complied with before the lien can attach to any property. The lien begins with the commencement of the construction of the building, grows with its growth, and ripens with its completion; but, however equitable the claim may be, it does not…
2Cases cited13 opinions
- Kezartee v. Marks & Co.Oregon Supreme Court · 1888
- Pilz v. KillingsworthOregon Supreme Court · 1891
- George Ainslie & Co. v. Bertha Kohn & Thompson, De Hart & Co.Oregon Supreme Court · 1888
- Gordon v. DealOregon Supreme Court · 1892
- Warren v. QuadeWashington Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fitch v. HowittOregon Supreme Court · 1898
- Coffey v. SmithOregon Supreme Court · 1908
- James A. C. Tait & Co. v. StrykerOregon Supreme Court · 1926
- Chamberlain v. HibbardOregon Supreme Court · 1894
- Boise-Payette Lumber Co. v. Dominican Sisters of Ontario & German American Trust Co.Oregon Supreme Court · 1921
11 more not listed; retrieve them via the Exa API.