Peck

The court below rendered and caused to be entered judgment foreclosing a materialman’s lien on the real property described in the complaint for the sum of $445.05 for materials furnished by the plaintiff for use in the construction of a barn on .said real property, which property was owned by the defendant.

This appeal is by the defendant from said judgment and is supported by a bill of exceptions.

The general point urged against the judgment is that the findings upon which it is predicated are not supported by the evidence.

The theory upon which the plaintiff originally drafted its complaint was that it was entitled to the benefit of the lien provided for by section 1183 of the Code of Civil Procedure, which, among other things, provides that mechanics, materialmen, etc., and all persons and laborers of every class performing labor upon or furnishing materials to be used in the construction, alteration, addition to or repair, either in whole or in part, of any building, wharf, bridge, etc., shall have a lien upon the property upon which they have bestowed labor or furnished materials, for the value of such labor done or materials furnished, whether at the instance of the…