Shuffleton v. Hill (1885) · DecisionDepot

Shuffleton v. Hill

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court May 15, 1885 No. No. 8650Published

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Holding. The court held that the defendant owned the logs until their delivery at the mill, thereby entitling the plaintiff to enforce a lien on the logs regardless of any advances made by third parties.

Issues

Whether the defendant owned the logs prior to their delivery at the mill.
Whether the plaintiff was entitled to enforce a lien on the logs despite advances made by Vance to Hill.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“plaintiff was entitled to an enforcement of his lien, irrespective of advances made by Vance to Hill.”

Synopsis

Lien on Logs—Effect of Advancements to Defeat.—A mechanic having a lien on logs cut by him does not lose it because of advancements made on the property by another, under a contract of purchase, but he is entitled to enforce his lien against such property.

By the COURT. We are of opinion that, under the contract and lease, Greenlaw, in the first instance, and Hill, as [474]his successor, owned the logs until delivery in the boom at the mill. Such being the case, plaintiff was entitled to an enforcement of his lien, irrespective of advances made by Vance to Hill.

Judgment reversed, and cause remanded, with instructions to enter judgment for plaintiff.

Shuffleton v. Hill

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