Phillips v. Graves

A review of a few undisputed facts will readily reveal the issues awaiting our attention. One Ernest L. Graves was the owner df a lot in the city of Portland which he was -improving with the construction of a dwelling house. May 3, 1926, before the work had been commenced,' he borrowed from the defendant, B. A. Kliks, the sum of $3,500, and, in order to Secure its repayment, executed upon that day a mortgage upon the aforementioned lot. It is the house, and not the lot, which the lien claimants seek to affect with their alleged liens (section 51-103, Oregon Code 1930). May 6, 1926,…