Grettenberg

Grettenberg v. Collman

Good Law
119 Cal. App. 7·1931 Cal. App. LEXIS 130·5 P.2d 944
Court of Appeal of CaliforniaDecember 3, 1931Docket No. 4442.California1,130 words

Opinion

Lead Opinion

Thompson, J.

This is an appeal on the part of Pacific Ready Cut Homes, Inc., from a judgment which was rendered in several consolidated cases, denying the validity of appellant’s alleged mechanic’s lien.

The plaintiff brought suit to foreclose a mortgage on lot 4 of tract number 4799, in the county of Los Angeles, which was executed to secure the payment of a promissory note for the sum of $9,000. The owner of the land, the appellant and several other mechanic lienholders were made parties to the action. In November, 1925, the construction of a dwelling-house was commenced on the property. Subsequent to the filing of the suit for mortgage foreclosure above mentioned, the appellant and three other mechanic lien claimants commenced separate actions to foreclose their liens. These five actions were consolidated and tried together. Findings were adopted by the court and a judgment of foreclosure was entered in favor of each of the plaintiffs in these several actions, except the appellant, Pacific Ready Cut Homes, Inc., a corporation, which was awarded a judgment in the sum of $3,147.75, but was denied a lien upon the property as security for the payment of this debt. From this judgment the…

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