Rankin v. Malarkey
Oregon Supreme Court
Multnomah County: Loyal B. Stearns, Judge. This was a suit by N. K. Rankin against Charles A. Malarkey and wife, and D. C. McDonald & Co., to foreclose an alleged lien for materials furnished to McDonald & Co., and which were said to have been used in the construction of Malarkey’s house.
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Multnomah County: Loyal B. Stearns, Judge. This was a suit by N. K. Rankin against Charles A. Malarkey and wife, and D. C. McDonald & Co., to foreclose an alleged lien for materials furnished to McDonald & Co., and which were said to have been used in the construction of Malarkey’s house. After the pleadings were complete, the case was referred to John H. Handy, Esq., who sustained the claim of plaintiff, and advised that he was entitled to a lien as prayed for After argument before the circuit court, the report was fully confirmed, and a decree entered accordingly, from which defendants…
1Opinion of the CourtMoore, J.
This is a suit to foreclose a lien upon-lots three and four in block seven of King’s Second Addition to the city of Portland, Oregon, and upon a dwelling-house erected thereon, the property of C. A. Malarkey, one of the appellants herein, for material furnished to the contractor. The court below held the lien valid, and a decree was entered foreclosing it, from which the defendants appeal.
A lien can be secured only by filing the required notice within the time prescribed. No other notice or claim of lien, though brought to the knowledge of the owner, has any effect. The lien exists by virtue…
2Cases cited4 opinions
- Kezartee v. Marks & Co.Oregon Supreme Court · 1888
- Pilz v. KillingsworthOregon Supreme Court · 1891
- Gordon v. DealOregon Supreme Court · 1892
- Anderson v. KnudsenSupreme Court of Minnesota · 1885
3Cited by15 opinions
- McCormack v. BertschingerOregon Supreme Court · 1925
- Andersen v. TurpinOregon Supreme Court · 1943
- Curtis v. SestanovichOregon Supreme Court · 1894
- Getty v. AmesOregon Supreme Court · 1897
- Dillon v. HartOregon Supreme Court · 1893
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