McMullen & Co. v. Croft

Citations

• 96 Wash. 275
• 164 P. 930

Syllabus

<p>Mechanics’ Liens — Filino Claims — Statutes — Tobbens Act— Effect. Where the title to real estate is registered under the Torrens act, a lien claimant must file his notice of claim with the registrar of titles, and failure to file the same within 90 days after cessation of the work renders the lien notice void and the same is not subject to amendment; in view of the Torrens act (Rem. Code, §§ 8853 and 8874), providing that all liens required by law to be filed and recorded in order to create or give effect to any lien upon registered land, shall be filed or registered in the office of the registrar of' titles when intended to affect registered land, and § 1134, Rem. Code, of the mechanics’ lien law, providing that no lien shall exist and no action shall be maintained to force the same, unless the claim is filed for record as thereinafter provided, within 90 days from the cessation of the work (overruling on rehearing, Id., 92 Wash. 411).</p> <p>Same — Filing Claim — Time—Amendment of Claim Not Filed— Statutes. Rem. Code, § 1134, providing that a claim of lien must be filed within 90 days after cessation of the work, and that a claim may be amended as pleadings are amended in case of action brought, is a statute of limitations and does not authorize the amendment of a claim affecting lands registered under the Torrens act which was not filed with the registrar of titles within the 90 days limited; and it is immaterial that a claim for a lien was filed with the county auditor as in the case of unregistered lands within the 90 days within which it should have been filed with the registrar of titles, and that the county auditor is also the registrar of titles (overruling on rehearing, Id., 92 Wash. 411).</p> <p>Holcomb, Pabkeb, and Mobeis, JJ., dissent.</p>