Brown v. Harper
Oregon Supreme Court
Appeal from Baker County. This suit was brought by Brown, assignee of Starr and others, to foreclose mechanic’s lien, procured by them and assigned to Brown, for labor and material furnished Harper & Busberry, and for the sale of property for the benefit of plaintiff, and also to cut off a similar lien of Stewart’s for labor and material furnished to aid Harper & Busberry. Defendants filed a general demurrer, which was overruled and judgment given for plaintiff.
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Appeal from Baker County. This suit was brought by Brown, assignee of Starr and others, to foreclose mechanic’s lien, procured by them and assigned to Brown, for labor and material furnished Harper & Busberry, and for the sale of property for the benefit of plaintiff, and also to cut off a similar lien of Stewart’s for labor and material furnished to aid Harper & Busberry. Defendants filed a general demurrer, which was overruled and judgment given for plaintiff. Other proceedings, but having no important bearing in the case, were had in the Court below.
1Opinion of the Court
By the Court,
Up^on, J.:
This is an appeal from a judgment or decree foreclosing mechanics’ liens. The point of objection made by the appellant is that the complaint does not state facts sufficient to constitute a cause of action or suit, in that the plaintiff sues as assignee, and that liens for labor and material under the statute (Mis. Laws, ch. 32) are not assignable.
Notices of these liens were filed by parties performing the work and furnishing the materials, and they were assigned to the plaintiff after the liens were perfected. The authorities cited by the appellant sustain the' position…
2Cited by16 opinions
- Christman v. SalwayOregon Supreme Court · 1922
- Anderson v. Chambliss Et Ux.Oregon Supreme Court · 1953
- Hughes v. LansingOregon Supreme Court · 1898
- Coffey v. SmithOregon Supreme Court · 1908
- Hughes Brothers v. HooverCalifornia Court of Appeal · 1906
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