Smith v. Wilkins
Oregon Supreme Court
From Benton: Jas. W. Hamilton, Judge. Suit by J. R. Smith and others against M. W. Wilkins and others to- foreclose sundry mechanics’ liens. This is the second appeal.
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From Benton: Jas. W. Hamilton, Judge. Suit by J. R. Smith and others against M. W. Wilkins and others to- foreclose sundry mechanics’ liens. This is the second appeal. See Smith v. Wilkins, 31 Or. 121 (51 Pac. 438). The decree from which the prior appeal was prosecuted directed a foreclosure of the mortgages of the defendants Gerhard and Phile, and of the mechanics’ liens of the plaintiffs, and the defendants Foss, Hess, and Woodworth; that the mortgaged property, including the hotel building erected thereon, be sold; that the proceeds arising from the sale of the north half lot 8, block 5,…
1Opinion of the CourtJustice Wolverton
1. Two questions are presented by the record: First, whether the mechanics’ liens, or any of them, should have priority over the mortgages upon the land upon which the hotel building is constructed; and, second, whether the defendant Beach should be required to prorate his demand with the other mechanics’ lien claimants. The appellant maintains the affirmative of the first and the negative of the latter proposition. It has become settled law in this state that a mechanic’s lien for materials used in the construction of a building upon land previously mortgaged will take precedence of the…
2Cases cited2 opinions
- Cooper Manufacturing Co. v. DelahuntOregon Supreme Court · 1900
- Missouri Valley Lumber Co. v. ReidCourt of Appeals of Kansas · 1896
3Cited by1 opinion
- Roach's EstateOregon Supreme Court · 1907