Miller v. Fryberg

Citations

• 119 Wash. 243
• 205 P. 388
• 1922 Wash. LEXIS 770

Syllabus

<p>Mechanics’ Liens (71) — Priority—Mortgages. A mortgage given to a contractor for the price of a house to be built on the premises has priority over claims for liens for materials furnished to the contractor after the recording of the mortgage, as provided by Rem. Code, § 1132, even though the mortgage was assigned and the assignment was not recorded as required by Id., § 8781 [Rem. Comp. Stat., §10596],</p> <p>Mechanics’ Liens (71) — Mortgages (89) — Priority—Assignment op Mortgage — Recording. Notwithstanding Rem. Code, § 8781, requiring assignments of mortgages to be recorded, the failure to record the assignment of a mortgage, given to a contractor for the price of a building to be constructed on the premises in consideration of which the contractor agreed to pay all labor and material liens, does not subordinate the mortgage to a materialman’s lien for material furnished to the contractor upon his false representations that he was still the owner of the mortgage and would pay for the material out of the proceeds of the mortgage (Hovey, J., dissenting) .</p>