Willamette Steam Mill & Lumber Co. v. Kremer
Willamette Steam Mill & Lumber Co. v. Kremer
Opinion of the Court
This is an action to foreclose mechanics’ liens. There were three claimants, and their actions were consolidated together. The notice of two of the liens described the
It seems to be too clear for argument that a lien cannot be enforced against a part of a house. Counsel for respondents say that the appellants are not injured by their taking only a part of the property that might have been included in their lien. Ordinarily, no doubt, this would be so, but it is not so in this case. To attempt to sell a part of the appellants’ house would necessarily be to sacrifice the property. No one would pay a reasonable price for a part of a house, and the ten feet, or less, remaining to the appellants would be almost, if not entirely, worthless. Such a sale would therefore work great injury, and cannot be allowed. For these reasons the liens in this case cannot be upheld. There are other errors assigned by the appellants and urged in their briefs, but as the one mentioned is fatal to the liens the others need not be considered. The judgment and order are reversed.
We concur: Paterson, J.; Fox, J.
Reference
- Full Case Name
- WILLAMETTE STEAM MILL & LUMBER CO. v. KREMER
- Status
- Published
- Syllabus
- Mechanic’s Lien—Notice—Sufficiency of Description.—Where a mechanic’s lien notice describes the property as a dwelling-house, situate upon a certain lot, and it turns out to be situated partly on that lot and partly on another, the lien cannot be enforced, as there is no lien on that part of the house not situated on the lot named, and it would work great injury to the owner to allow the lien to be enforced against a part only of the house.