Labay v. Northern Mining & Trading Co.

Citations

• 5 Alaska 134

Syllabus

<p>1. Mechanics’ Liens &wkey;>271(l)—Enforcement—Pleading.</p> <p>The sufficiency of the complaint in a suit to foreclose a mechanic’s lien must he determined by the provisions of the statute creating the lien, and if there is substantial compliance therewith it will be sufficient.</p> <p>2. Mines and Minerals &wkey;>112(l)—Mechanics’ Liens—Notice.</p> <p>Knowledge that work and labor is being done on a mining claim, for which the laborers, under section 694,' Gomp. Laws Alaska 1913, are entitled to a lien, may be either positive or implied. The implication of knowledge arises when the party to be charged is shown to have had knowledge of such facts and circumstances as would lead him by the exercise of due diligence to a knowledge of the principal fact. This is the general rule especially applicable to the case here.</p> <p><&wkey;See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>