96 P. 234 | Or. | 1908
Opinion by
It is insisted that the suit cannot be maintained upon any of the lien notices filed in evidence, on the ground (1) “that part of the lumber sought to be liened had, previous, to the execution of the lien notices, been removed a mile or more from the yard where manufactured, and a part only remained upon the yard where manufactured; and (2) the lien notices contained no statement of the amount chargeable upon the non-lien-able lumber removed from the yard, nor of the amount chargeable against the lumber remaining upon the yard;” and (3) “that the lien notices, and each thereof, failed to identify any lumber, sought to be charged with a lien, with sufficient or any certainty whereby the same could be identified and segregated”; (4) that the lien of plaintiff upon the logs is void, for the reason that it includes therein unlienable property; (5) that the notice of liens were all assigned before being filed, and accordingly insufficient.
Finding no error in the record prejudicial to appellant, the decree of the court below should be affirmed.
Affirmed.