Young v. Howell
Young v. Howell
Opinion of the Court
In this case the court below sustained a motion to dismiss the complaint upon the ground that the same did not state facts sufficient to constitute a cause of action. Judgment was entered for the defendants, and plaintiff appeals therefrom, alleging that the court erred in granting the motion to dismiss. The objection on which the court below acted and dismissed the' case was as to the sufficiency of the notice of lien sought to be foreclosed in this action, and on which the action was .brought. Sec. 1667, Gen. Stat., provides that recorded lien notices must contain a description of the property to be charged with the lien sufficient for identification. The description in this case was as follows:
“Notice is hereby given that J. E. Young, of Pierce county, State of Washington, claims a lien upon one certain three story frame residence building, situated in the city of Tacoma, county of Pierce, State of Washington, and more particularly described as follows:
‘ ‘ One three story frame building, situated on a two (2) acre tract, in section sixth (6), township twenty (20), range N. 3 E., in school district No. 13, and bounded as follows: Beginning at northeast corner of the southeast quarter of Willamette meridian; running then west 20 rods, then south 16 rods, then east 20 rods, then north 16 rods to place of beginning. ’ ’
It is a difficult matter to say very much concerning such a description excepting that it is so indefinite that it does not describe any particular "tract of land. Of course it is conceded that there is no such beginning point as the northeast corner of the southeast quarter of the Willamette meridian, but it is argued by the appellant that omitting or striking out the words “Willamette meridian” it reasonably follows that section six should follow the words “northeast corner of the southeast quarter,” but if such a liberal mode of construction as this should be allowed at
Our conclusion is that the court did not err in sustaining the motion to dismiss, and the judgment is, therefore, affirmed.
Reference
- Full Case Name
- J. E. Young v. J. S. Howell, Mrs. J. S. Howell, and J. J. Evans
- Cited By
- 1 case
- Status
- Published
- Syllabus
- MECHANICS’ LIEN —SUFFICIENCY OF CLAIM. A claim of lien which describes the property as ‘ ‘ one three story frame building, situated on a two (2) acre tract, in section sixth (6), township twenty (20), range N. 3 E., in school district No. 13, and bounded as follows: Beginning at the northeast corner of the southeast quarter of Willamette meridian; running then west 20 rods, then south 16 rods, then east 20 rods, then north 16 rods to place of beginning,” is insufficient to identify the property to be charged.