Moore

In this action to foreclose a material-man’s lien the court, in accordance with the admissions and stipulations of the parties, found that respondent Johnson, the owner of the land involved, contracted with defendant Moore for the construction of a building on that land; that appellant sold to defendant Moore building material, which was actually used by him in such construction, but for which payment had never been made; that appellant recorded in the office of the county recorder its claim of lien in the manner, form and time required by section 1187 of the Code of Civil Procedure, but never filed any notice of its lien, as required by section 93 of the “Land Title Law” (Stats. 1915, p. 1932); that, prior to the furnishing of any material, the title to said land had been registered under the “Torrens Law” (Stats. 1897, p. 138, superseded by the “Land Title Law”) ; and that a deed of trust, conveying such land in trust, as security for a note owned by respondent Cressey had been registered, subsequent to the commencement of furnishing such material. From these findings the court concluded that appellant was entitled to a personal judgment against defendant Moore, but that it had…