Young

This action is for the foreclosure of a lien of the certain real property described in the complaint for the sum of $926.67 for labor performed on said property by the plaintiff.

The court sustained a demurrer to the complaint on the general ground, and this appeal is by the plaintiff from the judgment entered after and upon the order sustaining said demurrer.

The labor performed by the plaintiff and for which he claims the right to a lien upon the property in question as security for the payment therefor consisted of the plowing of several tracts of land, • theretofore in a wild and uncultivated state, and which belonged to the defendant Dunbar, the contract for doing the work having been made by the defendant John D. Shriver, alleged to be the agent of Dunbar, with one M. S. Foss, who in turn subcontracted with the plaintiff to perform the work.

The complaint proceeds upon the theory that the right to a lien for the work of plowing said land is authorized by section 1191 of the Code of Civil Procedure. Said section thus provides: “Any person who, at the request of the owner of any lot or tract of land, grades, fills in, or otherwise improves the same, or the street, highway,…