Roubian

This is an action to foreclose a mechanics’ lien. Judgment went for the lien claimant’s successor in interest. The defendants Bay City Building and Loan Association, Fidelity and Guaranty Loan Company and Southern Investment Company, all three corporations, have appealed from the judgment.

The record has been brought up under the alternative method. It is claimed by the appellants that the trial court erred in finding that a certain trust deed through which the appellant Southern Investment Company claims title to the real property in suit was subject to the mechanics’ lien. This contention is based upon the following uncontroverted evidence: On January 16, 1930, the defendant Barbara C. Roubian, acting through her co-defendant John Roubian, who was her husband, entered into an agreement with the former plaintiff, the Male-Knudson Lumber Company, to purchase certain building material to be used in erecting a building upon the parcel of land described in the complaint. On January 20, 1930, a building loan contract was executed by Mrs. Roubian with Smith & Sons, Inc., to secure a loan of $9,000 to be used for the building above referred to, which loan was to be secured by a trust…