Riley

This appeal from a judgment quieting title to real property raises the single issue whether appellants, holders of mechanics ’ liens on the property, who have failed in their lien foreclosure actions to join as parties the trustee under a deed of trust or to join the subsequent owners under that deed, can prevail over such owners after the expiration of the statutory period for foreclosure of the liens. We believe that such failure precludes appellants from claiming priority over such owners, the respondents in this action.

After foreclosure of a deed of trust, recorded June 20, 1957, the trustee executed and delivered to respondents on June 2, 1959, a trustee’s deed which was recorded on June 4, 1959. Prior to the June 20th date, appellants, and other defendants, had furnished materials and commenced construction work on the involved property. Appellants and the other named defendants filed separate claims of lien and obtained judgments against the then owners for the materials furnished and work performed on the property. Appellants did not join either respondents or the trustee under the deed of trust as parties to any of the actions to foreclose their mechanics’ liens. None…