General
IRVINE v. McDOUGALL et al.
4 Alaska Fed. 430235 F. 888·United States Court of Appeals for the Ninth Circuit·1916
Before GILBERT, ROSS, and HUNT, Circuit Judges.
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Opinion
235 F. 888
IRVINE v. McDOUGALL et al.
No. 2730.
Circuit Court of Appeals, Ninth Circuit.
Sept. 5, 1916.
Harry E. Pratt and Louis K. Pratt, both of Fairbanks, Alaska, and Herman Weinberger, of San Francisco, Cal., for appellant. •
Cecil H. Clegg, of Fairbanks, Alaska, for appellee John A. Healey.
McGowan & Clark, Thomas McGowan, and John A. Clark, all of Fairbanks, Alaska, for appellees Rutherford and Smith, trustees.
Before GILBERT, ROSS, and HUNT, Circuit Judges.
[MAJORITY — GILBERT,. Circuit Judge]
GILBERT,. Circuit Judge
(after stating the facts as above).
We hold that the decree of the court below is erroneous for the reasons': First, the rule-that the right to acquire a lien is personal and not transferable, and is destroyed by assignment, does not apply to an assignment made, as in the-present cáse, for the purpose.of enabling the assignee to maintain a suit. Skyrme v. Occidental Mill Co., 8 Nev. 219; House v. Schulze, 21 Tex.Civ.App. 243, 52 S.W. 654. Second, there was no delivery of the instrument of assignment to the appellant until after the liens had been filed, and delivery is essential to the completion of an assignment. 5 Corpus Juris, 907; Ritter v. Stevenson, 7 Cal. 388; Leonard v. Adm’r of Kebler, 50 Ohio St. 444, 34 N.E. 659; Govin v. De Miranda, 76 Hun, 414, 27 N.Y.S. 1049; Buehler v. Galt, 35 Ill.App. 225; Tatum v. Ballard, 94 Va. 370, 26 S.E. 871.
The decree is reversed, and the cause is remanded for further proceedings, and with instructions to permit the plaintiff to file a supplemental complaint alleging the transfer to him of the lien of King.