Brace & Hergert Mill Co. v. Burbank

Citations

• 87 Wash. 356
• 151 P. 803

Syllabus

<p>Mechanics’ Liens—Right to—Defenses—Declaration of Homestead. After the right to a mechanics’ lien had fully accrued, the owner cannot defeat the same by filing a declaration of homestead upon lands not theretofore constituting a homestead; and it is immaterial whether the lien notice was filed before or after the claim of homestead; since there would be an estoppel in favor of the lienors analogous to that of innocent purchasers for value.</p> <p>Homestead—Selection—-Necessity. There is no homestead right in any specific property until it has been selected, as required by Rem. & Bal. Code, §§ 558, 559, 560, which provide that, in order to select a homestead, a declaration of homestead must be acknowledged and filed of record in the county auditor’s office, stating that the party making it is the head of a family and is residing upon, or has purchased it intending to reside upon, the property, describing it, and stating the actual cash value.</p> <p>Mechanics’ Liens—Foreclosure-—Necessary Parties—Contract- or—Waiver. It is not error to proceed to final judgment in a lien foreclosure case, without having made the principal contractor a party to the action, where the objection of want of necessary parties was first made at the close of the trial.</p> <p>Same—Notice of Lien-—Address. Under 3 Rem. & Bal. Code, § 1133, requiring a materialman, in order to claim a lien, to mail a notice to the owner of the furnishing of the materials to any contractor, it is immaterial that the notice mailed to the owner gave an erroneous address, where the post office authorities corrected the address and the notice was received by the owner in due course.</p> <p>Same—Notice—Description of Property. Under 3 Rem. & Bal. Code, § 1133, requiring a materialman to give notice to the owner of the furnishing of material to a contractor, a notice sufficiently describes the property, where it gives the official name of the lot, block, and addition, and the name of the contractor constructing a