Escott v. Crescent Coal & Nav. Co.
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. Statement by Mr. Justice Slater. This appeal is taken from a decree of the circuit court of Coos County, foreclosing a number of laborers’ liens upon the defendant’s coal mine in that county, for work alleged to have been performed thereon by plaintiff and his assignors for defendant’s lessees during the year 1906; the lease not having been recorded.
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From Coos: James W. Hamilton, Judge. Statement by Mr. Justice Slater. This appeal is taken from a decree of the circuit court of Coos County, foreclosing a number of laborers’ liens upon the defendant’s coal mine in that county, for work alleged to have been performed thereon by plaintiff and his assignors for defendant’s lessees during the year 1906; the lease not having been recorded. A general demurrer was interposed to the complaint, which was overruled, and, defendant refusing to plead further, a decree was entered.
1Opinion of the CourtJustice Slater
1. Defendant’s contention is that, at the time the work and labor was performed for which the liens were filed, there was no statute of this State, giving a lien upon a coal mine. Section 1 of an act, approved February 20, 1891, (Sess. Laws 1891, p. 76), which, as amended by the act of February 18, 1899 (Sess. Laws 1899, p. 180), is Section 5668, B. & C. Comp., provides that:
“Every person who shall do work upon or furnish material for the working or development of any mine, lode, mining claim, or deposit yielding metals or minerals of any kind, * * shall have a lien upon the same to secure to…
2Cases cited11 opinions
- Williams v. Santa Clara Mining Ass'n of Balt.California Supreme Court · 1884
- Singer Manufacturing Co. v. GrahamOregon Supreme Court · 1879
- Bewick v. MuirCalifornia Supreme Court · 1890
- Mount Diablo Mill & Mining Co. v. CallisonU.S. Circuit Court for the District of Nevada · 1879
- Salisbury v. LaneIdaho Supreme Court · 1900
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3Cited by4 opinions
- In re Willow CreekOregon Supreme Court · 1914
- Fremont Lumber Co. v. Starrell Petroleum Co.Oregon Supreme Court · 1961
- Calder v. OrrOregon Supreme Court · 1922
- O. O., Inc. v. Cape Mountain Rock Products, Inc.Court of Appeals of Oregon · 1985