Davis v. Bartz

Citations

• 65 Wash. 395
• 118 P. 334
• 1911 Wash. LEXIS 937

Syllabus

<p>Mechanics’ Liens — Foreclosure—Parties—Mortgagee — Limitations — Expiration oe Lien. Under Rem. & Bal. Code, § 1138, providing that a mechanics’ lien shall not bind the property unless an action be commenced to foreclose the same within eight months after the lien is filed, the lien expires as to a mortgagee although suit was commenced against the owner within time, where the mortgagee was not made a party to the suit.</p> <p>Mechanics’ Liens — Foreclosure—Parties—Statutes—Construction. Rem. & Bal. Code, § 1140, providing that all lien claimants shall be joined in an action to foreclose a mechanics’ lien, does not exclude a mortgagee as a necessary party to the action in order to affect his interests.</p> <p>EsTorrEL — By Deed — To Assert Mechanics’ Lien — Assisnment oe Mortgage. A mortgagee who also held a mechanics’ lien upon the same property is estopped to assert that his lien is prior to the mortgage, where, in an assignment of the mortgage, he declared that it is “subject only to the conditions in said mortgage mentioned,” and the mortgage contained no reference to the lien.</p>