Brown

The plaintiffs filed mechanics’ liens on the property at issue herein amounting to the sum of $1,850 for materials and labor actually used and furnished in the construction of a four-flat building, and they brought suit against A. F. Whittington, J. T. Brown, and others for a personal judgment and also to foreclose said liens. The court found all the liens valid and gave judgment accordingly as against A. F. Whittington, but would allow no foreclosure on the property upon the theory that the liens were wiped out by the sale under an instrument in the form of a trust deed, in favor of defendant Brown, for $1,850, and the court gave Brown judgment for his costs, The court also found “That from on or about the seventeenth day of March, 1916, to on or about the seventeenth day of December, 1916, the defendant, A. F. Whittington, was the owner” of the property; “that on or about the twenty-fourth day of March, 1916, the defendant A. F. Whittington, as owner, entered into the construction of a building upon said premises. That the defendants J. T. Brown and Marie M. Brown were not connected or associated in any way, either as owners or otherwise, with the .said defendant A. F.…