Portland Building & Loan Ass'n v. Peck

Although variously stated in several reasons of appeal, the pivotal point of the appeal of Bielby, the sole appellant, is the conclusion of the trial court that the note and mortgage of the Pecks to Bielby executed and delivered on September 16th, 1926, were intended and accepted as payment of his claim for services and materials, instead of as temporary and additional security as the appellant claims, and that his mechanic’s lien, subsequently filed, was void in consequence. Unless the attack upon this conclusion is successful, those paragraphs of the appeal which question the order of…