Legal Opinion

Howe v. Myers

Washington Supreme Court

Decided February 6, 1917No. 13619PublishedCited by 2 opinions

Appeal from a judgment of the superior court for Okanogan county, Pendergast, J., entered February 5, 1916, upon findings in favor of the plaintiff, upon sustaining a demurrer to defendant’s complaint in intervention, in an action" to foreclose mortgages, tried to the court.

1Opinion of the Court

Webster, J. —

The sole question for determination in this case is whether a claim for labor'performed in cultivating and caring for an orchard, which substantially improved and enhanced the value of the land on which it was growing, is lienable under the provisions of Rem. Code, § 1131. That section is as follows:

“Any person who, at the request of the owner of any real property, his agent, contractor or subcontractor, clears, *564grades, fills in or otherwise improves the same, or any street or road in front of, or adjoining the same, has a lien upon such real property for the labor performed, or…

2Cases cited5 opinions

  1. Tsutakawa v. KumamotoWashington Supreme Court · 1909
  2. California Portland Cement Co. v. Wentworth Hotel Co.California Court of Appeal · 1911
  3. Eastern Arkansas Hedge Fence Co. v. TannerSupreme Court of Arkansas · 1899
  4. Donehoo v. JohnsonSupreme Court of Alabama · 1896
  5. Grom v. CenterCalifornia Court of Appeal · 1914

3Cited by2 opinions

  1. De Gooyer v. Northwest Trust & State BankWashington Supreme Court · 1924
  2. Michaud v. Burbank Co.Washington Supreme Court · 1921

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