Winsor v. Johnson

Citations

• 5 Wash. 429
• 32 P. 215
• 1892 Wash. LEXIS 88

Syllabus

<p>LIENS ON SAW LOGS — ACTION TO ENFORCE — STIPULATION FOR SALE — TRUST-—EVIDENCE.</p> <p>Under §§1679, 1080, Gen. Stat., a lien upon saw logs cannot be so extended as to reach the lumber manufactured therefrom.</p> <p>In an action by the holder of lien claims upon saw logs to enforce the same against the owner and another lien claimant, a stipulation was entered into between the parties providing that the logs should be sold by a special receiver and the proceeds paid into court for the pro rata benefit of such lien claimants. The logs were sold and notes taken therefor in the name of the judge of the superior court, but instead of being deposited in court, were held by the attorneys of the defendant- lien claimant and the money appropriated to the latter’s use when paid. Held, That the defendant lien claimant could not attack the sufficiency of the notices of lien claims held by the plaintiff. Held, also, That it was the duty of the court to take jurisdiction of the proceeds of the sale of the logs as a trust fund, and distribute it in accordance with the stipulation, even although some of the parties thereto objected to such a course.</p> <p>The refusal of the court to allow plaintiff to introduce proof of such stipulation is error, which would justify a reversal, if the facts did not sufficiently appear in the record to allow a modification of the decree in this court.</p>