McMullen & Co. v. Croft

Citations

• 92 Wash. 411
• 159 P. 375

Syllabus

<p>Statutes — Subjects and Titles. The title of the Torrens Land Act, reading “An act relating to the registration and confirmation of titles to land,” is sufficiently comprehensive to include any incumbrance or instrument affecting the title, but not sufficient to entirely set aside and supersede prior general laws with reference to the enforcement of ■ mechanics’ liens.</p> <p>Mechanics’ Liens — Requisites — Time for Perfecting — Lands Registered Under Torrens Act — Amendment op Lien. Under the Torrens act, Rem. & Bal. Code, § 8875, providing that all liens shall be enforced by any method sufficient or proper to enforce like liens on unregistered lands, and Id., § 1134, providing that claims for mechanics’ liens may be amended by order of court in so far as the interests of third persons are not affected, and Id., § 1147, providing for a liberal construction of the lien laws, a claim for a mechanics’ lien upon registered land, filed within the time and in the manner provided by general law for unregistered lands, may, by order of court, be amended at the foreclosure trial and registered as required by the Torrens act, where no rights of third persons are affected; in view of the. further fact that the Torrens act fixes no time limit for the registration of involuntary liens, and requires the same to be registered in the same office where they would be filed if upon unregistered lands.</p>