Johnston v. Harrington & Smith

Citations

• 5 Wash. 73
• 31 P. 316
• 1892 Wash. LEXIS 6

Syllabus

<p>PUBLIC LANDS —OWNERSHIP OF QUARRIED STONE — MECHANIC’S LIENS — SUFFICIENCY OF CLAIM.</p> <p>One who quarries stone upon the public land of the United States becomes the owner of such stone, and the fact that he has filed a coal declaratory statement upon the land from which the stone is quarried does not in any way affect his ownership of the stone.</p> <p>Where an exhibit or itemized statement, which is made a part of a notice of claim of lien, contains a statement of the amount due after deducting all just credits and offsets, it is as full a compliance with the statutory requirement thereon as if the statement should be included in the notice itself.</p> <p>A verification of a claim of lien reciting that the claimant ‘ ‘ knows the contents thereof, that said claim is just and correct,” is a sufficient compliance with the statute requiring that the verification be “to the effect that the affiant believes the same to be just.”</p> <p>A claim of lien is sufficient if it fairly shows that the materials were furnished to be used in the building or structure designated.</p> <p>Where the claim of lien shows either in the notice or exhibit, the quantity of materials and when furnished, and also between what dates the materials were used in the construction of the building, it is a sufficient statement of the time when claimant ceased to furnish materials for the building.</p>