Davis v. Low
Oregon Supreme Court
From Klamatb: Henry L. Benson, Judge. Department 2. Statement by Mr. Justice Eakin. This is a suit by Howard E. Davis against C. C. Low and Lena Low, to foreclose a mechanic’s lien. The plaintiff performed work as a carpenter in building an addition to defendants ’ dwelling-house, situated on two lots in the town of Klamath, in the amount of $172.50, $80 of which has been paid.
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From Klamatb: Henry L. Benson, Judge. Department 2. Statement by Mr. Justice Eakin. This is a suit by Howard E. Davis against C. C. Low and Lena Low, to foreclose a mechanic’s lien. The plaintiff performed work as a carpenter in building an addition to defendants ’ dwelling-house, situated on two lots in the town of Klamath, in the amount of $172.50, $80 of which has been paid. One Bodach entered into a contract with defendant C. C. Low to build the addition for $705, and the plaintiff was employed by Bodach. Defendants make two defenses: (1) That the property upon which the work' was…
1Opinion of the CourtJustice Eakin
We will first dispose of the question of the lien against the homestead. Section 221, L. O. L., pro*601vides: ‘ ‘ The homestead of any family shall he exempt from judicial sale for the satisfaction of any judgment hereafter obtained. * * ” Section 222proceeds: “Such homestead shall not exceed $1,500 in value, nor exceed * * one block; but in no instance shall such homestead be reduced to less than * * one lot, regardless of value.” Section 223 specifies that the act shall not apply to decrees for the foreclosure of any mortgage, but that the mortgage must be executed by husband and wife. There is…
2Cases cited6 opinions
- Mansfield v. HillOregon Supreme Court · 1910
- Lippencott v. YorkTexas Supreme Court · 1893
- Hansen v. JonesOregon Supreme Court · 1910
- Lignoski v. CrookerTexas Supreme Court · 1894
- Fallihee v. WittmayerSouth Dakota Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Johnson v. TuckerOregon Supreme Court · 1917
- Willamette Collection & Credit Service v. HenryOregon Supreme Court · 1932
- Paulson v. HurlburtOregon Supreme Court · 1919
- Varner v. Portland Trust BankOregon Supreme Court · 1957
- Arnold v. KelseyDistrict Court, D. Alaska · 1953