Copper River Lumber Co. v. Clark
District Court, D. Alaska
This is an action to foreclose a mechanic’s lien against a building, and the lot of ground on which it stands, in Valdez, Alaska, being a one-story structure on a part of lot 5 in block 1 of the said town of Valdez. A default having been entered as to the defendant Clark, the cause came on regularly for trial between the plaintiff and the Valdez Bank & Mercantile Company, defendant.
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This is an action to foreclose a mechanic’s lien against a building, and the lot of ground on which it stands, in Valdez, Alaska, being a one-story structure on a part of lot 5 in block 1 of the said town of Valdez. A default having been entered as to the defendant Clark, the cause came on regularly for trial between the plaintiff and the Valdez Bank & Mercantile Company, defendant. The facts show that the defendant Valdez Bank & Mercantile Company took a mortgage on the lot in question and all the buildings situate thereon, with the exception of a building-known as the “Gem Barber Shop/’…
1Opinion of the Court
OVERFIELD, District Judge.
The greatest latitude in pleading is necessary to hold that the allegations in the plaintiff’s complaint show that the materials furnished were used in the construction of the Valdez Hotel, as set out in the lien filed herein, although Plaintiff’s Exhibit No. 3 (a photograph of the premises) shows that the building in which the lumber was used is called the Valdez Hotel, and is used as an office to the Valdez Hotel proper. So long as the lien sufficiently identifies the building to which the lien is sought to be attached, a sufficient allegation is made in that…
2Cases cited3 opinions
- Brooks v. Railway Co.Supreme Court of the United States · 1880
- Johnson v. Puritan Mining Co.Montana Supreme Court · 1896
- Marchand v. FrellsenSupreme Court of the United States · 1882