39 P. 540 | Or. | 1895
Opinion by
Section 3672 of Hill’s Code is referred to here. It is a copy of section 1192 of the Code of Civil Procedure of California, which was construed in West Coast Lumber Company v. Newkirk, 80 Cal. 278, (22 Pac. 23,) where the court held that if the owner of the fee knew of the work being done, then his fee was subject to the lien, unless he should within three days after he learned of the work, post a notice disavowing responsibility. It was also there held that the posting of the notice is a matter of defense, and need not be referred to at all in the complaint. — Reporter.