Blumauer v. Clock

Citations

• 24 Wash. 596
• 64 P. 844
• 1901 Wash. LEXIS 577

Syllabus

<p>CHATTEL MORTGAGES-PRIORITIES-CREDITORS-INCUMBRANCES.</p> <p>Under Bal. Code, § 4558, which provides that “a mortgage of personal property is void as against creditors of the mortgagor, or subsequent purchasers and incumbrances of the property for value and in good faith, unless it is accompanied by the affidavit of the mortgagor that it is made in good faith, and without any design to hinder, delay, or defraud creditors, and it is acknowledged and recorded,” one performing labor for the mortgagor with actual knowledge of the existence of an unrecorded chattel mortgage is a creditor and entitled to priority over the mortgagee, even though he may have filed a subsequent lien against the property under the provisions of the employee’s act of 1897 (Laws 1897, p. 55), since the fact that lienors, who at one time were, creditors, have seen fit to accept the benefit of the law in relation to the enforcement of their claims does not take them out of the category of creditors and place them in that of incumbrancers; the statute contemplating by the term “incumbrancers,” those who acquire that position by means of contractual relations and not by operation of law.</p> <p>EMPLOYEES’ LIENS —■ CLAIM FOR LABOR OF OTHERS.</p> <p>One who has a contract with an employer to do certain labor for him is not deprived of the right of lien given by Laws 1897, p. 55, to employees, from the fact that he hired help to assist in the performance of the labor, paying therefor at his own expense, when such hired labor in no wise changed the contract price or the relations between the employer and the lienor.</p> <p>PARTIES-INFANCY-WAIVER OF OBJECTION.</p> <p>The objection that parties to an action are minors, who appear without guardians ad litem., cannot be raised by the adverse party after pleading to the merits.</p>