Badger

Defendants have appealed from a judgment ordering foreclosure of a mechanic’s lien asserted against a parcel of land in which they hold title of record as joint tenants. They contend that the land, which was part of the whole of a planned shopping center, is not required for the convenient use and occupation of another portion of the proposed shopping center on which is situated the work of improvement to which the plaintiff contributed work, labor and materials. The defendant Florence Badger further contends that the plaintiff failed to take proper steps to perfect any lien rights against her interest as co-tenant in the property.

An examination of the record indicates that the findings of fact and the conclusions of law and judgment of the trial court cannot be sustained in material particulars. The judgment must be reversed and the case must be remanded with instruction to enter judgment for the defendants.

The facts are not greatly disputed. It is only the legal conclusions to be drawn therefrom that give rise to the controversy. The uncontradicted facts applicable to both issues, most of which are embraced in the findings of the trial court, are as follows:

On…