Cutting

Pursuant to a written contract entered into between one Russell W. Smith and appellant, Audrey Cutting, the said Russell W. Smith erected a house on a lot situate in Anchorage, Alaska. In the contract Audrey Cutting was designated the owner of the lot. Smith built the house but became involved in financial difficulties and as a result was unable to pay the laborers and materialmen furnishing labor and supplies. Liens were filed against the property pursuant to the provisions of 1 Alaska Compiled Laws, Annotated, § 26-1-5 (1949), and in due time suit was instituted for the purpose of foreclosing the lien claims.

In the two original complaints one Ralph Russell Thomas and Audrey Cutting were named as the owners and reputed owners of said premises, Ralph Russell- Thomas being, at the time of filing the complaints, the record owner. After trial a decree of foreclosure was entered. Subsequent to the filing of the original complaints, by leave of court first had and obtained, certain of the lien claimants not named in the original complaints were permitted to intervene. During the interval between the filing of the original complaints and the filing of the complaints in intervention…