Barton v. Rose
Barton v. Rose
Opinion of the Court
delivered the opinion.
This is a suit to foreclose a mechanic’s lien. The portion of the claim of lien material on this appeal is as follows:
“Know all men by these presents, that T. A. Barton, of Yale, in the County of Malheur, has by virtue of a contract heretofore made with W. W. Bose, of the County of Malheur, in the erection, material furnished and labor of a certain dwelling house, the ground upon which' said dwelling house was built and erected being at the time the property of Mattie Bose, wife of W. W. Bose, who caused the said dwelling house to be erected and built, said dwelhng house and land being known and particularly described as follows;”
This notice is insufficient within the rule announced in Rankin v. Malarkey, 23 Or. 593 (32 Pac. 620, 34 Pac. 816); and Dillon v. Hart, 25 Or. 49 (34 Pac. 817). It does not state, either directly or by necessary inference, to whom the plaintiff furnished the material or labor for which he seeks a lien, or, indeed, that he furnished any labor or material used in the building sought to be impressed with the lien. It is essential to the validity of a mechanic’s lien under our statute (B. & C.
Reference
- Full Case Name
- BARTON v. ROSE
- Status
- Published