Peters

Southern California Lumber Co. v. Peters

Good Law
1906 Cal. App. LEXIS 307·3 Cal. App. 478·86 P. 816
Court of Appeal of CaliforniaMay 2, 1906Civ. No. 243.California582 words

Opinion

Lead Opinion

Gray, J.

This action is brought by a materialman to foreclose a mechanic’s lien upon three cottages situated upon three adjoining city lots. The houses were all constructed at the same time and the lumber was furnished under one contract by plaintiff directly to the owner of the cottages, who is the defendant Frank H. Peters. On a trial without a jury the findings and judgment were for plaintiff, and the defendant, California Title Insurance and Trust Company, appeals from said judgment, and the record brought up consists of the judgment-roll.

The appellant has a trust deed of the premises foreclosed, which deed was recorded after substantially all the materials were furnished, and it contends that the plaintiff’s lien is postponed to the lien of its deed, for the reason that plaintiff’s claim of lien failed to designate the amount due him on each of the buildings, as required by section 1188, Code of Civil Procedure. This section reads as follows: “In' every case in which one claim is filed against two or more buildings, mining claims or other improvements owned by the same person, the person filing such claim must at the same time designate the amount due to him on each of such…

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