Colonial Trust Co. v. Vale-Oregon Irr. Co.
District Court, D. Oregon
In Equity. Suit by the Colonial Trust Company against the Vale-Oregon Irrigation Company, the Empire Lumber Company, Limited, Maney Bros. & Co., Herbert G. Wells, Ephriam Wells, H. H. High, and W. J. Rinney, trustee in bankruptcy of the Vale-Oregon Irrigation Company. Mortgage of complainant held superior to mechanics’ liens of defendants Maney Bros. & Co. and High.
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In Equity. Suit by the Colonial Trust Company against the Vale-Oregon Irrigation Company, the Empire Lumber Company, Limited, Maney Bros. & Co., Herbert G. Wells, Ephriam Wells, H. H. High, and W. J. Rinney, trustee in bankruptcy of the Vale-Oregon Irrigation Company. Mortgage of complainant held superior to mechanics’ liens of defendants Maney Bros. & Co. and High. This is a suit to foreclose a mortgage" given upon the canals, flumes, dams, headgat.es, reservoirs, and the like of an irrigation system, the property of the defendant Yale-Oregon Irrigation Company. The defendants Maney Bros. &…
1Opinion of the CourtWofverton, District Judge
(after stating the facts as above). The crucial controversy attending this case is whether the liens of the mechanic’s lien claimants are paramount to that of plaintiff’s mortgage, and this depends upon whether it may be considered that the work of construction was entered upon prior to the time of the recording of plaintiff’s mortgage.
[1] The lien of a mechanic or contractor, under the statute, is preferred to the lien of a mortgage or other incumbrance which may -have attached to the land subsequent to the time when the building or improvement was commenced, or the materials were commenced…
2Cases cited10 opinions
- Brooks v. Railway Co.Supreme Court of the United States · 1880
- Kezartee v. Marks & Co.Oregon Supreme Court · 1888
- Davis v. BilslandSupreme Court of the United States · 1874
- Neilson v. Iowa Eastern Railway Co.Supreme Court of Iowa · 1876
- Dalles Lumber & Manufacturing Co. v. Wasco Woolen Manufacturing Co.Oregon Supreme Court · 1869
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Federal Land Bank v. GreenMontana Supreme Court · 1939