Bell v. Groves

Citations

• 20 Wash. 602
• 56 P. 401
• 1899 Wash. LEXIS 211

Syllabus

<p>MECHANICS’ LIENS—BUILDING ON ANOTHER’S LAND—PRIORITIESESTOPPEL.</p> <p>Where a vendor of land who has given an executory contract for its sale, which he is entitled to declare forfeited for nonpayment of installments of purchase price due him, stands hy and sees materials furnished for improvements made thereon by third parties in ignorance of his rights, under a lease of the premises by his vendee, he is estopped from claiming a forfeiture as to the improvements, and they may be removed and sold, under Bal. Code, § 5916, for the purpose of satisfying the lien claims of material men and laborers.</p> <p>Under Bal. Code, § 5903, providing that mechanics’ and material men’s liens shall be preferred to any lien or other incumbrance which may have attached prior to the furnishing of the same, which was not recorded so as to create constructive notice prior to such time, and of which the lien claimant had no notice, where materials have been furnished in ignorance of the real title, to persons in undisputed possession claiming ownership under an executory contract for the sale of land, which had not been recorded and which was forfeitable for breach of conditions therein, the lien for such materials is entitled to priority over the rights of the vendor, although entitled to a forfeiture under the contract and although the record title has been in the vendor during the whole time.</p>