Brooks

Defendant San Jose Abstract and Title Company, trustee for Fred and Lena Radach, has' appealed from a judgment awarding plaintiff a mechanic’s, and materialman’s lien of $2,368.04 against certain real property, prior to said defendant’s deed of trust. The judgment also declares that the similar liens of other defendants, when perfected, are prior to said deed of trust.

The trial court found: Between August 27, 1953, and November 10, 1954, plaintiff furnished labor and materials used in the ■ construction of a dwelling house on a certain parcel of real property. He did so pursuant to a written agreement between plaintiff and John E. Duskin, Jr., Duskin agreeing to pay plaintiff the reasonable value thereof, which was $2,368.04. Thereafter and on December 1, 1954, plaintiff duly filed in the county recorder’s office his claim of lien therefor. The claim was duly verified, contained a general statement of the kind of material and labor furnished by plaintiff, the person to whom he furnished labor and materials, the names of the owners or reputed owners, a description of the property sought to be charged with a lien sufficient for identification, and a statement of plaintiff’s demand…