Pilstrand

This is an action for a personal judgment against defendant, Greenamyre, and to foreclose a mechanic’s lien for work alleged to have been performed by respondent, Pilstrand, for appellant, Greenamyre, in or about a building on land of which Greenamyre was in possession under an agreement of sale from appellant Stivers, who is the owner of the land. The lower court rendered a decree in favor of plaintiff, Pilstrand, against both defendants, and this appeal is from the judgment. Since this appeal was perfected, so it is stated by respondent and not denied by appellant, the building has been totally destroyed by fire, without insurance, and Greenamyre has abandoned all interest in the property and removed therefrom.

It is therefore the claim of respondent that the question before us is moot, and that the appeal should be dismissed. But accepting the fact as stated, the question would then arise whether a mechanic’s lien fully perfected by filing the same upon the completion of the building survives the de struction of the building and continues thereafter on the land which was found to be necessary to and for the convenient use and occupation of the building.

There is some apparent…