Douglass v. Woodbury Lumber Co.

Citations

• 101 Wash. 668
• 172 P. 906
• 1918 Wash. LEXIS 922

Syllabus

<p>Logs and Logging — Lien-—Bona Fide Purchaser of Lumber— Liability—Statutes. Rem. Code, § 1177, providing that the purchaser of lumber “liened upon” within the thirty days given for the filing of labor liens, in order to be a tona fide owner, must pay full value and apply the purchase money to the payment of such tona fide claims as are entitled to liens, has no application to lumber sold by the manufacturer away from the mill and passing entirely from his control before any liens are filed; since it applies only to property “liened upon,” and by Id., § 1163, the laborer’s right of lien is limited to lumber while the same remains at the mill where manufactured, or in the possession and control of the manufacturer.</p> <p>Same—Lien—Purchaser—Liability for Eloignment—Statutes. A purchaser of lumber within the thirty days limited to laborers for the filing of liens cannot be held liable under Rem. Code, § 1181, as' for an eloignment of lumber “upon which there is a lien,” where he took it prior to the filing of any lien, and obtained complete possession away from the mill so that it was not subject to a lien.</p>