Johnson v. Tucker
Oregon Supreme Court
Original proceeding in Supreme Court. In Banc. Statement by Mr. Justice Burnett. The plaintiffs here instituted a previous suit in the Circuit Court of Multnomah County against Josephine Paulson to foreclose mechanics’ liens which they claimed for labor and material furnished and which were used in the construction of a dwelling-house for her.
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Original proceeding in Supreme Court. In Banc. Statement by Mr. Justice Burnett. The plaintiffs here instituted a previous suit in the Circuit Court of Multnomah County against Josephine Paulson to foreclose mechanics’ liens which they claimed for labor and material furnished and which were used in the construction of a dwelling-house for her. Prom a decree in that suit in favor of the plaintiffs the defendants appealed, but the decision of the Circuit Court was affirmed after slight modifications and a mandate of this court was issued and directed to that court substantially requiring it to…
1Opinion of the CourtJustice Burnett
‘ ‘ The homestead of any family shall be exempt from judicial sale for the satisfaction of any judgment hereafter obtained. Such homestead must be the actual abode of, and owned by such family, or some member thereof”; Section 221, L. O. L.
*649“When any officer shall levy upon such homestead, the owner thereof, wife, husband, agent or attorney of such owner, may notify such officer that he claims such premises as his homestead * * Section 224, L. O. L.
1-4. Although a mechanic’s lien takes its origin with the furnishing of labor or materials it is not perfected until the notice or claim of lien is…
2Cases cited4 opinions
- Hansen v. JonesOregon Supreme Court · 1910
- Habersham v. SearsOregon Supreme Court · 1884
- Wilson v. PetersonOregon Supreme Court · 1913
- Davis v. LowOregon Supreme Court · 1913
3Cited by10 opinions
- Fleischhauer v. BILSTAD, GRAY ET UXOregon Supreme Court · 1963
- State Ex Rel. Hupp Motor Car Corp. v. KanzlerOregon Supreme Court · 1929
- State Ex Rel. Sullivan v. TazwellOregon Supreme Court · 1927
- Auld v. StarbardOregon Supreme Court · 1918
- Willamette Collection & Credit Service v. HenryOregon Supreme Court · 1932
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