Cooper Manufacturing Co. v. Delahunt
Oregon Supreme Court
From Multnomah.: Loyal B. Stearns, Judge. Suit to foreclose a mechanic’s lien by the Cooper Manufacturing Company against M. J. Delahunt, a lot owner, John Chandler, his contractor for a building thereon, and the Alliance Trust Company, who took a mortgage on the lot before the contract for the building was let. From a judgment of dismissal the plaintiff appeals. The defendant M. J. Delahunt moved to dismiss the appeal.
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From Multnomah.: Loyal B. Stearns, Judge. Suit to foreclose a mechanic’s lien by the Cooper Manufacturing Company against M. J. Delahunt, a lot owner, John Chandler, his contractor for a building thereon, and the Alliance Trust Company, who took a mortgage on the lot before the contract for the building was let. From a judgment of dismissal the plaintiff appeals. The defendant M. J. Delahunt moved to dismiss the appeal. The motion having been overruled, the case was heard on its merits and a final decree entered in favor of the plaintiff.
1Opinion
Decided 19 February, 1900.
On the Merits.
[60 Pac. 1.1
A bona fide mortgagee for value must be regarded as a bona fide purchaser within the letter and spirit of the mechanic’s lien law, and there is no question that when the sale or mortgage is prior to the commencement of any work or delivery of any materials, it will be preferred to its full extent in a contest with mechanics. When a mortgagee has placed his mortgage upon record, his rights are then protected by law. He has given such notice as the law has prescribed and is not bound either to assent to or dissent from any agreement for…
Also in this document: Opinion of the Court.
2Cases cited17 opinions
- Robinson v. . WilliamsNew York Court of Appeals · 1860
- Hawkins v. ChapmanCourt of Appeals of Maryland · 1872
- Inverarity v. StowellOregon Supreme Court · 1882
- Kiene v. HodgeSupreme Court of Iowa · 1894
- Capital Lumbering Co. v. RyanOregon Supreme Court · 1898
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