Allen & Krosel v. Rowe
Oregon Supreme Court
Appeal from Clatsop county: R J. Taylor, judge. This is a suit to foreclose a lien for labor performed and material furnished at the request of the defendant Rowe on the premises described in the complaint, being a parcel of ground situate in the city of Astoria.
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Appeal from Clatsop county: R J. Taylor, judge. This is a suit to foreclose a lien for labor performed and material furnished at the request of the defendant Rowe on the premises described in the complaint, being a parcel of ground situate in the city of Astoria. Hawes owns the lot in fee, but leased the same to Rowe for the period of five years from the first day of November, 1888. Rowe employed the plantiffs to erect the building, who, on the twenty-third day of January, 1889, and within thirty days from the time of the furnishing of the materials and the performance of said labor, filed…
1Opinion of the CourtStrahan, J.
The right to a lien on a building for material and labor is conferred by statute, and the party claiming such lien must show a substantial compliance with the requirements of the statute or the lien must fail.
In Kezartee v. Marks, 15 Or. 529, we had occasion to consider to some extent the question raised by the respondent Hawes, and we there held that to affect the land with the lien the name of the owner or reputed owner must be given in the notice; that such requirement in the statute was one of substance and could not be dispensed with; and further, that when the title to the house or…
2Cases cited1 opinion
- Kezartee v. Marks & Co.Oregon Supreme Court · 1888
3Cited by14 opinions
- Pilz v. KillingsworthOregon Supreme Court · 1891
- Schram v. ManaryOregon Supreme Court · 1927
- Coffey v. SmithOregon Supreme Court · 1908
- Boise-Payette Lumber Co. v. Dominican Sisters of Ontario & German American Trust Co.Oregon Supreme Court · 1921
- Shea v. GravesOregon Supreme Court · 1933
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