Beach v. Stamper
Oregon Supreme Court
From Multnomah: Melvin 0. George, Judge. This is a suit by F. E. Beach for the foreclosure of a mechanics’ lien claimed by him upon four dwelling houses for materials furnished and used thereon. The defendant Stamper also claims a lien thereon for painting.
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From Multnomah: Melvin 0. George, Judge. This is a suit by F. E. Beach for the foreclosure of a mechanics’ lien claimed by him upon four dwelling houses for materials furnished and used thereon. The defendant Stamper also claims a lien thereon for painting. Prescott, being the trustee for Charles Francis Adams, and the owner in that capacity of lots 5, 6, 11,12, 13, and 14, in block 19, John Irving’s First Addition to the City of Portland, entered into four contracts with the defendant King for the erection and completion of the dwelling houses upon said premises, there being a separate…
1Opinion of the CourtJustice Wolverton
The vital question to be considered is whether the liens claimed by plaintiff and Stamper can legally attach to the four dwellings for the lump sum which each has alleged to be due him. In plaintiff’s case the materials were furnished and used indiscriminately upon the buildings. It is' so declared in his claim of lien, and it is practically conceded, that the amount or value thereof used upon each house is not susceptible of segregation. In the case of Stamper it is stated generally in his claim of lien that the labor was performed upon all the buildings, but the statement of the account or…
2Cases cited10 opinions
- Phillips v. GilbertSupreme Court of the United States · 1880
- Fitch v. HowittOregon Supreme Court · 1898
- Wall v. RobinsonMassachusetts Supreme Judicial Court · 1874
- Lax v. PetersonSupreme Court of Minnesota · 1889
- Willamette Mills Co. v. SheaOregon Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Christman v. SalwayOregon Supreme Court · 1922
- McCormack v. BertschingerOregon Supreme Court · 1925
- Warrenton Lumber Co. v. SmithOregon Supreme Court · 1926
- Smith v. WilcoxOregon Supreme Court · 1903
- State Ex Rel. Sauers v. C. J. Montag Co.Oregon Supreme Court · 1930
8 more not listed; retrieve them via the Exa API.