Robertson, Hay & Wallace v. Kunkle

Plaintiff brought this action to foreclose a lien for labor and materials used in the construction of facilities on land leased by defendant Kunkle from the Port of Portland. Defendant First Interstate Bank of Oregon (First Interstate) contends that plaintiffs lien is invalid and that, because of Kunkle’s default on a note given it to finance the construction, it is entitled to foreclose its mortgage on Kunkle’s leasehold interest securing that note. The court determined that plaintiffs lien is valid and superior to the claims of all others 1 and entered a decree foreclosing that lien and…