Lewiston inter-state news. [volume] (Lewiston, Idaho) 1905-1906, 1905-08-18
Lien Law
DECISION
suoreme Court Decides that a
Mortgage takes Precedence
Over Contractors Liens


Idaho mechanics and material mems
lien law, decided in the case Of the Pa
cific states Savings, Loan & Building
company, appellant. VS.. Jesse X. Du-
hois. A. J. Turley, ct al, respondents,
in an opinion filed in the supreme court
this morning, has created great inter-
est and is perhaps the most important
matter submitted to the supreme court
in the history of Idaho Jurisprudence.
The court was divided in the mat
ter the majority. consisting of Justice
Sullivan, who wrote the opinion, and
Chief Justice Stockslager. who con-
Cured, holding that the claim of a
mortgagee takes precedence over that
OF laborers, contractors and material
men whose connection with the con-
struction of a building began subse-
ouent to the filing of the mortgage.
Justice Ailshie, in a vigorous dissent
ing opinion, lays down the doctrine that
the claims Of all who contribute to the
creation of a new building. either with
brain, brawn, or material, relate back
TO the commencement Of the structure,
and that under the lien law Of this
state they are preferred claims to those
held upon mortgages given to secure
loans made after the building is COM
menced.
The case is that Of large number
of laborers and contractors who filed
liens to secure their claims against
the Dubois flats. Their rights We're
contested by the Pacific Coast Loan
company, which held a mortgage on
the property to secure two loans. ag-
Suit was commenced to foreclose the
mechanics and laborers' liens in the
district court of Ada county. the loan
company being made party to the ac
ton.
Quarles & Pritchard Wyman & Wy
man. Johnson & Johnson. Davidson &
Stoutmeyer. Gustave kroeger j. T.
Morgan. r. L. Blewett. Henry Johnson.
Neal & Kinyon. Charles F. koelsch.
Silas w. Moody. Hawley. Puckett &
Hawley and Hugh f. McElroy appear
ed for the claimants. while the loan
company was represented by Alfred
A. Fraser
Judge Stewart in the court below,
decided in favor OF the lien holders.
giving them priority over the claim
Of the mortgage. and the loan COM
pany appealed.
The supreme court, by majority
opinion, reversed the district court. re-
mandine the case with instruction to
enter Judgment in accordance with the
views expressed The syllabus gives
the construction OF the law of the case,
as follows:
I. In adjusting the rights OF lien
holders under the provisions OF Sec
tion 5 and other sections Of an act to
SECURE liens for mechanics and others
approved Feb. Z, 1899. (Ses. Laws 1899
page 147). where the erection or con-
struction OF building was not let to
any one but the owner employed men
to furnish rock and do the rock work
and employed others to furnish the
bricks and others to lay them; others
to furnish other materials: others tf
furnish and do the plumbing and Others
to do the carpenter work, etc, tht
court in the judgment. must declare
the rank or class Of liens in accord
ance with the provisions Of section L
Of said act. and where mortgage liei
attached prior TO the time that eithe
or afy Of such lien claimants com
menced work or commenced to furnisl
material, the lien Of such mortgage !
prior to the liens OF the last mentione
faborers or material men.
2. The provisions OF section II q
said act apply 10 cases in which ther
are no intervening mortgage lien'
Where mortgage liens are involved
the foreclosure Of mechanics and ma
terfal mems liens. the time or the dat
when the building was commenced
the laeorer began work or the materii
men commenced to furnish materia
must betaken into consideration in az
ternining the priority of such hef
over the mortgage liens
The decision. according to Justit
Ailshie virtually nullifies the lien la
OF the state and takes from mechanic
and laborers the protection the legisla
ture intended to surround them Wit
and opens the way for unscrupulo'
men to conspire to defeat the CLAIM
Of those who labor and furnish naferi
for buildings.
The opinions are necessarily re'
lengthy. covering many pages or typ
written matter, and are too long 4
newspaper publication.