Grants Pass Trust Co. v. Enterprise Mining Co.
Oregon Supreme Court
From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Justice Moore. This is a controversy between the Grants Pass Banking & Trust Company, against the Enterprise Mining Company, and by the Condor Water & Power Company against the Enterprise Mining Company and the Grants Pass Banking & Trust Company, as to the validity and priority of a lien.
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From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Justice Moore. This is a controversy between the Grants Pass Banking & Trust Company, against the Enterprise Mining Company, and by the Condor Water & Power Company against the Enterprise Mining Company and the Grants Pass Banking & Trust Company, as to the validity and priority of a lien. The facts as disclosed at the trial are as follows: A suit was commenced March 12, 1907, by the Grants Pass Banking & Trust Company to foreclose a mortgage of certain mining property executed to it October 19, 1906, by the Enterprise Mining Company to…
1Opinion of the CourtJustice Moore
1. The statute giving a lien on mines, so far as involved herein, is as follows:
“Any person who shall furnish any provisions, materials or supplies for the working or development of any * * mine * * shall have a lien upon such mine * * to secure him the payment for the * * material furnished, which lien shall attach in every case to such mine.” Section 7444, L. O. L. “The liens provided for in this act are preferred liens.” Section 7447, L. O. L.
To uphold the decree rendered, electricity, when furnished at a mine for illumination or for power, must be construed to be a “supply,” thereby…
2Cases cited2 opinions
- Fitch v. HowittOregon Supreme Court · 1898
- Henry v. HandOregon Supreme Court · 1899
3Cited by14 opinions
- Hoier v. KaplanIllinois Supreme Court · 1924
- National Surety Co. v. Bratnober Lumber Co.Washington Supreme Court · 1912
- Northern Pacific Railway Co. v. Sanders CountyMontana Supreme Court · 1923
- Curry v. Alabama Power Co.Supreme Court of Alabama · 1942
- Associated Oil Co. v. Commary-Peterson Co.California Court of Appeal · 1917
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