Daily capital journal. (Salem, Oregon) 1903-1919, 1911-03-04

N-NS 1ADSA OCAhPahys III AuaANn %
1907, Courteney borrowed $4,000 Of
Mathews and gave a mortgage on the
land afterwards covered by the mill,
adjacent buildings and wharf. This
mortgage was recorded on March IS.
On the same day the company was
organized. The frame bunk house,
mentioned in the notice Of lien, and
boarding house were completed be-
fore the commencement Of the saw
mill and were fully paid for on March
81, 1907, by a check for $1,000 given
by A. A. Courteney.
The notice of claim of lien by the
Smith Lumber Company embraced a
building described as a store and Of
fee building which was not construct
ed nor owned by the Courteney Lnm-
Der Company. The lien notice fur
ther stated that the lumber was fur
nished TO the Courteney Lumber Com
pany, at the request of A. A. Courte-
ney, acting as agent for the corpora
tion. to be used indiscriminately in
the construction OF the several build
ings, and that 1t was so used; that
the total value of the lumber fur
nished was $2916.27 with a credit of
$1OS4.1S, leaving a balance due Of
$1S3209.
The lien notice of plaintiff Dow
contains the following Notice Is
hereby given that F. S. Wow, herein
after called the claimant, claims
lien for materials furnished in and
about the construction of a certain
building located in the Town of Mill
ington upon the said
structure (Which is intended for and
is sawmilD and upon the land upon
which said structure is situated, that
is to say ~" (Here follows
a description of the land.) 1t appears
from the evidence that the mill, at the
date Of the filing of the notice, was
practically completed and ready for
operation; that its motive power was
steam, which was generated in two
boilers situated in a small building
about so feet from the main building
and only connected by sawdust con-
veyor which carried the fuel to the
furnaces and a six-inch pipe which
carried the steam from the boilers to
the engine. The materials furnished
by Dow were principally fire brick,
cement and fire clay, which were used
indiscriminately in preparing the bed
Tor the engine, furnaces and support
for the boilers. The notice also in
cluded an item of 1925 for freight on
brick, which was originally due to
K. ID. Hume and was assigned by him
to plaintiff, and was admittedly nom
lienable. The circuit court struck
out the latter item and held plaintiffs
lien sufficient to include the boilers
and boiler house, but found the Smith
Companys lien defective and void for
the mis-description above noticed
The Smith Company appeal from the
decree against it; and Mathews, Sc
ton and Courteney appeal from the
decree sustaining the Dow lien.
Mcbride, ]. We are of the opinion
that the circuit court ruled correctly
on all the contentious made on this
appeal. The lien of Dow was upon a
structure which is intended for and
is saw mill" The boiler house was
an essential part of the mill, the very
heart of 1t, without which 1t would
remain motionless and useless. and
we think so connected with the main
building by the steam pipe and saw
dust conveyor that it should be re-
garded and treated as an integral
part of the mill. The case is similar
TO willamette Falls T. C M. Co. v. |
Remick, l Or. 1863, in which it was held
IN an opinion by Mr.. Chief Justice
Williams, that one performing work
upon a dam connected with a mill
was entitled to a lien upon the mill
Tor his labor. This decision. which
mas been unquestioned for more than
nalf century, is decisive of the con- !
Lention here, The lien of the Smith
Lumber company designated buildings
not owned nor erected by the companv
Tor the construction of which it was
claimed that material had been fur
nlshed, 1t specified lumber as fur
nlshed by the Courteney Lumber COM
Dany which was ordered for Courteney
ma by him personally before the COM
pany was Incorporated. 1t was mis-
eading and void as to the mortgage
leld by Mathews. This is not like
'ome cases cited by counsel where the
len notices described too large an
lrea of land and went beyond the
boundaries of the tract actually occu-
'ied by the buildings, In the present
'ase the notice misleads as to the
buildings for the construction of
which the materials were furnished.
While the materlalman's lien law is
remedial statute and should be lib
rally construed, as to those matters
which may be the subject of lien