80 Kellogg v Littell and Smythe Mfg Co Appellants

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80 Kellogg v Littell and Smythe Mfg Co Appellants

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title: Michael Phillips and M V Kellogg Defendants and Appellants, vs Littell & Smythe Manufacturing Company, Plaintiff and Appellee, Brief of Appellants.

title: 80

creator: Michael Phillips

creator: M. V. Kellogg

contributor: P. P. Carroll

date: 1890

publisher: Washington State Supreme Court

type: Civil

subject: Contracts

subject: Remedies

language: eng

format: application/pdf

description: Prior History: Appeal from Superior Court, King County.Action by the Littell & Smythe Manufacturing Company to foreclose a mechanics' lien upon the building of defendant, Phillips, and upon his leasehold interest in certain land, and against the defendants, George and Harriet Misener, as owners of the fee in the land, and against M. V. Kellogg, as the contractor who erected the buildings. Judgment for plaintiffs, and defendants appeal.Mechanics’ Liens – Description of Land – Foreclosure – A notice of claim of mechanics’ lien, which describes the land as “being seventy feet on Pike street, and on the southerly line thereof, by seventy-five feet front on Fourth street, and on the westerly line thereof, excepting a space of twenty-two feet more or less wide on Pike street by about twenty-five feet deep,” is so indefinite and uncertain as to the tract excepted that a decree of foreclosure cannot be based thereon.Under the laws of this state, a mechanics’ lien cannot be maintained upon a building separate from any interest in the land upon which it is situated.

relation: Kellogg v. Littell & Smythe Mfg. Co., 1 Wash. 407 (1890)

relation: 25 P. 461

rights: These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf

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