Jones
Ecker Bros. v. Jones
Opinion
Opinion
Fourt, J.
This is an appeal from an order granting a writ of enforcement and from an order directing that a building be removed within a specified time after sale.
Plaintiffs, who are building contractors, brought an action on December 13, 1957, for money and for the foreclosure of a mechanic’s lien. On January 31, 1958, a stipulation was filed that a judgment could be rendered against the defendant, California Duplicating Company, Inc., for $26,008.07. Joseph and Beckie Peskin, Arthur A. Jones and Coast Fabricators, Inc., filed an answer to the complaint. An amended complaint was filed on May 14, 1958, wherein plaintiffs sought a money judgment against each and all of the defendants; it was further set forth that the defendants and each of them claimed some right, title or interest in or to the real property, building and premises particularly described by metes and bounds and lot references and that the claim of defendants, and each of them to the same was junior, subsequent to and subject to plaintiffs’ claim of lien. Furthermore, it was alleged that the whole of said property was required for the convenient use and occupancy of the build ing and improvements situated thereon. It was…