Rankin v. Malarkey

Citations

• 23 Or. 593
• 32 P. 620
• 1893 Ore. LEXIS 68

Syllabus

<p>Mechanics’ Lien — Notice—Requirement of Statute. — The only way in which a lien can be secured is to file a notice containing the different facts required by the statute. No other notice, either record or personal, will be of any use. Kezartee v. Marks, 15 Or. 529; Pilz v. Killingsuiorth, 20 Or. 432; and Gordon v. Deal. 23 Or. 153, cited and approved.</p> <p>Mechanics’ Lien — Notice—Code, § 3673. — The notice of lien must show, either by direct statement or by necessary inference, the name of the person to whom the material was furnished, and must also connect the lien claimant with the property owner.</p> <p>Notice of Lien — Code, $ 3673. — A notice of lien in the following language, viz: “I, R., ® * * have, by virtue of a contract with M. & Co., ® » * and for the furnishing of material used in the building of a certain dwelling-house. * * * the ground on which said house was erected being the property of C. A.,” * ® ® is wholly insufficient, under section 3673 of Hill’s Code, because it does not show the name of the person to whom the materials were furnished, or the connection between the claimant and the property owner, and for the further reason that this notice does not show that R. ever did anything— the principal verb has been omitted.</p>