Adams v. Dose

Citations

• 87 Wash. 575
• 152 P. 9

Syllabus

<p>Mechanics’ Irens—Estate oe Title Subject—Lands Under Executory Contract oe Sale. Although ordinarily a mechanics’ lien against premises held under executory contract of sale attaches only to the interest of the party causing the work to be done, the interest of the vendee and also the fee of the vendor are subject to liens, where the vendor personally contracted for the labor and materials and the vendee had agreed to erect the building and had charge of the construction.</p> <p>Same—Claims Lienable—Decree—Consolidated Actions—Relief to Defendants. Upon decreeing the foreclosure of mechanics’ liens against premises held under an executory contract of sale, it is error, in a consolidated action, to decree a lien on the property for the personal judgment entered in favor of the vendee against the vendor for breach of the contract of sale, in the absence of any claim of lien filed therefor; the consolidation of the actions not warranting decree of a lien for such personal judgment otherwise than by the statutory procedure for general judgments.</p>