The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1905-08-19
AGAINST THE LIEN LAM
IMPORTANT COURT DECISION
Supreme Court Divided on Construction
Of ths I.&w- Many Persons Aneetsd ~
the Dseisiea-sestIes Rights 81 Lien
Holders.

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Building company, appellant, W.
Jesse X. Dubois. A. J. TnrIey, ct al,
pondents, in an opinion filed in the
supreme court, has created great
interest and is perhaps the most i'm
poFtant matter submitted 70 the So
preme court in the history nj Idaho
Jurisprudence.
The court was divided tn the mat
ter. the majority. consisting Of
Justice Sullivan, who wrote the
opinion, and Chief Justice Stock
slayer, who, concurred, holding that
the claim Of = mortgage takes pre-
cedence over that Of lab0rers, con-
tractors and materi4l-men whose
connection with the construction Of .
building began subsequent to the
fling OF the mortgage.
Justice Ailshie, in a vigorous dis
senting opinion, lays down the doc
trine that the claims Of ali who con-
tribute to the creation Of q new
building. either with brain, Drawn,
or, maternal, relate back to the com
mencement 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 10 com
mencsd.
The case lie that Of large number
Of labOrers and contractors who fled
liens to secure their claims against
the Dubois fats in Boise. Their
rights were contested by the Pacific
Coast Loan company, which held q
mortgage on the property TO secure
two loans, aegregating $50. 900,
made to DR.. Dubois. Suit was con-
menoed 10 fOreclose the mechanics
and laboEers' liens m the district
court Of Ada county, the loan com
pany being made . party Of the
action.
Quariss & Pritchard, wyman &
WymaB, johnson 4 johnson, David
son & StOutmeyer. Gustave Kroeger.
J. 7. Morgan, r. l. Blewett, Henry
johnson, Neal q Kinyon, Charles F.
Koelsoh, Silas W. Moody. Hawley,
PICKETT 4 HaWley, and Hugh E. 30
ElrOy appeared for the claimants,
white the loan company vas rep
resented by Alfred A. Fraser.
Judge SeWart, IN the court below,
decided Ia favor Of the lien holders,
giving them priority over the claim
OF the mortgage, and the loan CON-
pany appealed.
The supreme court, by \ majority
opinion, reversed the district court,
remanding the case with instruction
to render judgment IN accordance
with the views expressed. The
syllabus gives the construction OF the
Law Of the case. as follows:
In adjusting the rights Of lien
holders under the provisions Of Sec
ton and other sections Of an act TO
secure liens for mechanics and others
approved February Z, 1899. lSess.
Lave 1899, page l4T9, where the
erection or construction of building
was not let TO any one but the owner
employed men TO furnish rock and
do the work and employed others to
furnish thu bricks and others to lay
them; others 10 furnish other mater
Ials; Otbers to furnish and do the
plumbing and Others 10 do the car
penter work, etc, the court In the
Judgment, must declare the rank Of
class Of liens In accordance with the
provisions Of section IL OF said oct.
and where = mortgage lien attached
prior 10 the time that either or any
OF such lien claimants commenced
work or commenced to fufAish ma.
terial, the lien Of such mortgage is
prior TO the liens Of the last men
toned laborers or material men.
.. The provisions of section IL
of said act apply TO cases In which
there are no intervening mortgage
liens. Where mortgage liens are
involved in the foreclosure Of
mechanics and material mems liens,
the time or the date when the build
ing was commenced OF the laborer
commenced work OF the material men
began 20 furnish material. must be
taken into consideration in determin-
ing the priority of such liens over the
mortRagelisns.
The decision, according 60 Justice
Ailshie, virtually nulliies the lien
law Of the state and takes from me-
ehanics and laborers the protection
the Legislature intended to surround
them with, and opens the way for
unscrupnlous men TO consplrs 20 de-
feat the claims Of those Who labor
| and fuFninh material for bullainsA.