Duby v. Hicks

The defendant contends that the complaint does not state facts sufficient to constitute a cause of suit. The plaintiffs contend that the complaint is good after decree and this is the only question necessary for decision.

*30A complaint which seeks to foreclose a lien must affirmatively allege the facts upon which the validity of the lien depends. “It must affirmatively appear from the complaint that the notice filed contained all the essential provisions required by statute; that it was proper in form, verified as required and filed within the time prescribed.” Pilz v. Killingsworth, 20 Or. 432,…