Tulloh

This is an action to foreclose a mechanic’s lien. The appeal is from the judgment in favor of the interveners and against the plaintiff, and from an order denying plaintiff’s motion to vacate the judgment and con elusions of law, and to enter a different judgment and conclusions of law upon the same findings.

The plaintiff was the contractor and lien claimant. The defendants were the owners of the property when the work was done, the lien filed, and the action commenced. The interveners were the purchasers of the property pendente lite. The claim of lien was filed, as provided in section 1187 of the Code of Civil Procedure, in due time in the recorder’s office, the action to foreclose the same being commenced within ninety days thereafter, and the sole question presented on the appeal is, Does a party who in due time records a sufficient and valid mechanic’s lien, have to record a notice of lis pendens upon the foreclosure of that lien in order to charge and hold the property against purchasers pendente lite?

■Section 1190 of the Code of Civil Procedure, specifying the time of continuance of a mechanic’s lien, in part then read: “No lien provided for in this chapter binds any…