Interior Warehouse Co. v. Hays

Citations

• 91 Wash. 507
• 158 P. 99
• 1916 Wash. LEXIS 1093

Syllabus

<p>Agriculture — Liens—Farm Laborers — Enforcement — Parties. A farm laborer’s lien against a crop of wheat is lost as against a purchaser not served with summons in foreclosure proceedings within eight months after filing the claim, in view of Rem. & Bal. Code, § 1190a, applying the provisions of the code for the enforcement of logging liens to farm laborer’s liens, wherein it is provided (Id., § 1171) that no lien shall be binding longer than eight calendar months, unless a civil action be commenced within that time to enforce the same.</p> <p>Process — Necessity — Knowledge of Institution of Action. Knowledge of the pendency of an action to foreclose a lien would not be sufficient to give a court jurisdiction to render judgment binding upon a person not served with process.</p> <p>Sheriffs and Constables — Wrongful Execution — Liability. Where a sheriff takes property from the possession of one not a party to the judgment, he is liable for the seizure, though acting under an execution issued on the judgment.</p>