Daily capital journal. (Salem, Oregon) 1903-1919, 1911-06-27

pressly declare that liens are claimed
and that they do not contain a sufi-
cient description of the property for
identification. The notices of lien
are in the form of afidavits stating
the facts, one being headed: Lien
r. r. McFeron ag. John Doyens, -
and the other is in the same form.
The statute under which the lien is
! claimed (Sec. 1920 L. o. ID specifies
no form of notice. It only requires
that the claimant shall file with the
county clerk of the county = >
a claim containing a true statement
of his demand, after deducting all
just credits and offsets, with the
name Of the owner, or reputed own
er, if known, and also the nam of
the person by whom he was en-
ployed $ . . and also a descrip-
ton of the property to be charged
with said lien, sufficient for identif-
cation" The lien notices in this
case contain a statement of facts as
to each Of these requirements. They
were filed and recorded in the me-
chanic's lien record and within the
time required. The description of
the property to be charged with the
lien as described in the notice is a
certain saw mill upon the property
of R. NJ. Scism and Claybourn Steel
about four miles Southwest of Mt.
Angel, Oregon, and reputed to be
owned by John Doyens." AS between
plaintiff and defendant John Doyens
this is a sufficient description to
identify it. AS said in Kezartee v.
Marks, Is Or. 500, If there is enough
in the description of the locality and
other peculiarities of the building to
identify 1t, to point 1t out with rea-
sonable certainty, the statutory re-
QUESTION Is complied with. In the
absence of subsequent lien-holders or
purchasers, the description is sufi-
cient and will enable one familiar
with the location to point out the
property.
Defendant seeks to establish that
the mill is a portable one. Whether
it is or not we deem 1t immaterial. as
plaintiff does not ask relief against
the land. The statute gives a lien
upon any building, machinery or
structure, and it is not essential that
it be attached to or made a part of
the realty. 1t is held in Kezartee v.
Marks that, where the title to the
structure and the title to the land
are In different persons and the land
Is not described, the notice specify
ing the structure, the lien may at
tach to it but not to the land. But
even If the mill had been what Is
known as a portable mill yet when
erected upon the land and embedded
IN brick and mortar foundation. it
may become a fixture; Washburn V.
lnter-mountain Min. Co. - Or. =:
100 Pac. 1888.
Again, defendant contends that as
the assignment by Lee McFeron of
his claim and lien was verbal, it Is
insufficient to transfer the title to
the lien to plaintiff. Although the
courts of some states hold that the
lien, being an interest in real estate
can only be transferred by a writing,
is settled in this state, that a
mortgage on real estate is only an in
cident of the debt and that the trans
fer of the debt carries with it the Sc
Roberts V. Sutherlin, 4 Or.
2l9; Barringer V. Loder, AZ Or. 223.
229. Boisot on Mechanics Liens,
Sec. IL, states that, as in the case of
mortgage so with a mechanics lien,
assignment of the debt OF account
secured operates as an assignment of
lien. And it is also the rule in
his state that any debt or claim may
transferred by parol which oper-
ties as an equitable assignment and
all the interest of the as
iignor: Moore V. Miller, 6 Or. 1854:
FIRST Nat. Bank v. Mccullough, so
5OS, 514; Trueblood ". Shellhouse
y Ind. App. 81, 50. The assignment
" parol was sufficient.
The evidence is not specific as to
whether the removal and erection of
he mill on the Scism and Steel place ,
done for L. NJ. McFeron or John
but the allegation is that it
for Doyens and the testimony
Or plaintiff tends to sustain that al
McFeron did not purchase
mill until February Is, 1909, at
hitch time it had been moved and
ebuilt to such an extent that il
ould be used in cutting lumber for
he erection Of the mill building. 1t
described in the contract as the :
ill situated on the Scism and Steel
lace, and 1t appears that Doyens =
lade the payments to plaintiff and
ee McFeron that are credited on the
lain and the conclusion is justified I
the work was done for defen- I
ant Doyens, L. M. McFeron being in !
large of the work he is by statute !
lade the agent of Doyens which I
1nnects the laborers with the owner !
the property by contract. !
Inc other errors assigned are J
1thout merit. The decree is af- !
'med. !