Cascaden

Cascaden v. Wimbish

Good Law
161 F. 241·3 Alaska Fed. 73·88 C.C.A. 277·1908 U.S. App. LEXIS 4332
United States Court of Appeals for the Ninth CircuitApril 7, 1908No. 1,502California1,923 words

Opinion

Lead Opinion

Gilbert, J.

(after stating the facts as above).

The principal question here presented is whether a laborer’s lien created by the Alaskan Code extends to and binds the interest of the owner of a mining claim for improvements made thereon under the direction of a lessee with the owner’s knowledge, and in the absence of a disclaimer of responsibility by the latter. By section 262, it is provided that one who performs labor or furnishes material for construction or development of a building, mine, etc., shall have a lien thereon for-work done or material furnished at the instance of the owner of the building or other improvement, and that every contractor, subcontractor, architect, builder, or other person having charge of such construction shall be held to be the agent of the owner. The object of section 263 is to declare to what land *78 the lien shall extend, and it provides for a lien on a leasehold interest in cases where the lessee causes the work to be done, and the lessor has no knowledge that it is being done. Section 265 relates to cases where the owner, having such knowledge, fails to give notice that .he will not be responsible therefor, and it applies as well to property under lease…

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