Allen v. Rowe

• Citation: 23 P. 901,19 Or. 188
• Parties: ALLEN et al. v. ROWE et al.
• Decision Date: 01 May 1890
• Court: Supreme Court of Oregon

23 P. 901

19 Or. 188

ALLEN et al. v. ROWE et al.

Supreme Court of Oregon

May 1, 1890

Appeal from circuit court, Clatsop county; F.J. TAYLOR, Judge.

This is a suit to foreclose a lien for labor performed and material furnished at the request of the defendant Rowe on the premises described in the complaint, being a parcel of ground situate in the city of Astoria. Hawes owns the lot in fee but leased the same to Rowe for the period of five years from the 1st day of November, 1888. Rowe employed the plaintiffs to erect the building, who on the 23d day of January, 1889 and within 30 days from the time of the furnishing of the materials and the performance of said labor, filed with the county clerk of Clatsop county, Or., notice of their lien. The defendant Loeb was made a defendant because he held a mortgage made by the defendant Rowe on his interest in the premises to secure the payment of a note for $1,000, which note and mortgage were dated on the 27th day of November 1888, which was duly recorded in the office of the county clerk of Clatsop county, Or., on the 28th day of November 1888, and after the plaintiffs had commenced to furnish said materials and to perform the labor for which they claim a lien. The following is the notice of lien filed by the plaintiffs of their intention to hold a lien on said premises, except the itemized statement for materials and labor, to-wit: "State of Oregon, county of Clatsop--ss: To whom it may concern: Be it known that we, the undersigned, B.F. Allen and Fred. Krosel, as partners under the name and style of Allen & Krosel, painters and contractors, hereby give notice that we claim a mechanics' and artisans' lien upon the following real estate, to-wit: Beginning at a point 2 feet east of the northwest corner of lot 2, block 58; thence easterly, and parallel to the center of Chenamus street, 23 feet; thence southerly, and at right angles to center of Chenamus street, 60 feet; thence westerly 23 feet; thence north 60 feet, to place of beginning,--in the town (now city) of Astoria, as laid out and recorded by John McClure, in Clatsop county, Oregon, and upon the building constructed thereon known and called the 'Tillamook Light Saloon,'--said real estate reputed to be owned by one E.R. Hawes, and said building reputed to be owned by one Geo. M. Rowe,--for the following labor performed and materials furnished by us in the construction and completion of said building, to-wit: ***" The cause was referred to Charles E. Runyon to take the evidence, and report the same to the court. Upon the evidence thus taken, the cause was tried before the court, and the following findings of fact and law were made: "First, that the claim of lien made by the plaintiffs herein does not contain the name of the owner, nor reputed owner, of the property attempted to be charged with the said lien at the time the said labor was performed, and the materials were alleged to have been furnished. Conclusions of law: First, that said alleged claim of lien is insufficient and void; second, that said suit should be dismissed." Then followed a decree in accordance with the findings.

(Syllabus by the Court.)

A notice of lien sufficiently gives the name of the owner of the land, where the building or erection was placed, which says: "Said real estate reputed to be owned by one E. R. H., and said building reputed to be owned by one G. M. R."

. In case some person other than the owner of the land...