DRAKE LUMBER CO. v. PAGET MORTGAGE CO.


203 Or. 66 (1955)

274 P.2d 804

DRAKE LUMBER COMPANY v. PAGET MORTGAGE COMPANY, PACIFIC BUILDING MATERIALS COMPANY

Supreme Court of Oregon.

Affirmed as modified October 13, 1954.

Petition for rehearing denied January 5, 1955.


Attorney(s) appearing for the Case

Lowell C. Paget and Irving Rand, of Portland, argued the cause and submitted briefs for Appellant, Paget Mortgage Company.

Arthur H. Lewis, of Portland, argued the cause and submitted a brief for Respondent, Drake Lumber Company.

Robert F. Maguire and Randall B. Kester, of Portland, filed a brief as amici curiae.

B.A. Green, Donald S. Richardson, Burl L. Green and James B. Griswold, of Portland, filed a brief for Oregon State Federation of Labor and Oregon State Building and Construction Trades Council as amici curiae.

Before LATOURETTE, Chief Justice, and WARNER, ROSSMAN, LUSK, BRAND and PERRY, Justices.


AFFIRMED AS MODIFIED.

LUSK, J.

Plaintiff, Drake Lumber Company, commenced two suits, each to foreclose a mechanic's lien for material furnished by it, and also liens of other suppliers of building material which had been assigned to it. The suits were consolidated for trial, and resulted in decrees foreclosing Drake's liens and fixing the order of priority as between such liens and liens of certain prior recorded mortgages upon the properties involved held...

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