Collins v. Snoke

Citations

• 9 Wash. 566
• 38 P. 161
• 1894 Wash. LEXIS 364

Syllabus

<p>MECHANICS’ LIENS — REQUISITES OF NOTICE — MATERIALS FURNISHED CONTRACTOR — OWNER OF PREMISES —DESCRIPTION OF PREMISES — COMMUNITY PROPERTY — PARTIES.</p> <p>A claim of lien which sets out that “ S is the name of the owner and reputed owner of said premises, and caused said building or structure to be built and erected. That B is the name of the contractor, who, as such contractor, made and entered into a contract with C, under and by which the hardware was to be furnished for said building,” sufficiently states the relations of principal and agent between owner and contractor.</p> <p>A claim of lien which alleges the name of the owner and reputed owner of the premises at the time of the filing of the notice is a sufficient compliance with the requirements of § 1667, Gen. Stat., which provides that the claimant shall file “ a claim containing a statement of his demand, . . . with the name of the owner, or reputed owner, if known.”</p> <p>A notice of lien sufficiently describes the property to be affected when it alleges that the lien is claimed “upon that certain building or structure now upon those certain lots and parcels of land [description]. That S is the name of the owner and reputed owner of said premises and caused said building or structure to be built and erected.”</p> <p>Where it does not appear upon the face of the lien notice that the claim is against community property or that the wife has an interest in the premises, the failure to make the wife a party to the notice is not a fatal defect, although she must be made a party to the foreclosure proceedings.</p>