Simeral v. Jackson
Simeral v. Jackson
Opinion of the Court
While appellants have urged a number of contentions in their brief, on the oral argument their counsel conceded the validity of the liens and plaintiff’s right to foreclose them. He stated, however, that the decree, as he construed it, went beyond the averments in the claims of lien and subjected to the liens logs on premises owned by the appellants, but not described in the notices. In answer to questions from the bench he said that he had no objection to a decree foreclosing the liens upon all the logs described in the lien notices and that it was “perfectly satisfactory to give them a lien upon all logs set forth in the lien notice.”
We think the decree is not open to the suggested criticism. The complaint alleges that between September 15, 1950, and October 21, 1950, Simeral and his assignee, Lester Jackson, performed work and labor consisting of cutting, falling, bucking and choking logs owned by defendants Henry Jackson, William J. Wilson, and Eva Wilson. The notices of claim of lien, which are made exhibits to the complaint, assert the right to liens upon logs which were cut by the claimants in Marion County, Oregon, and which are now lying in the “N% of the NW]4, Section 5, Township 7, R. 1
The record discloses that appellants are the owners of timber lands other than those described in the notices of claim of lien and that some of the timber on these lands had been cut. But the language of the decree which we have italicized ties the order for the sale of logs to the notices, and the decree therefore can only properly be construed as one foreclosing liens on logs lying on premises described in the notices. In view of the statement of counsel for appellants in this court that he had no objection to such a decree, it follows that the decree should be, and it is, affirmed.
Reference
- Full Case Name
- SIMERAL v. JACKSON, WILSON et ux.
- Cited By
- 2 cases
- Status
- Published