Kern

Plaintiff, as assignee of Kern Bros., recovered judgment against appellant, subjecting the land of appellant to the lien of Kern Bros, as original contractors for the construction of a building for a lessee of appellant. The appeal is from this judgment, and was taken within thirty days after the rendition and entry thereof. The building was completed and accepted on the eleventh day of April, 1906.

Appellant, as a special defense, pleaded that on the eighteenth day of April, 1906, the said building was totally destroyed by fire and earthquake.

The claim of lien was filed by plaintiff’s assignors on the fourth day of June, 1906.

The court found that the building was destroyed by fire on the eighteenth day of April, 1906, “except a portion of the front of the building which still remains.”

Appellant attacks the sufficiency of the evidence to support the finding to the effect that a portion of the front of the building was not destroyed and still remains.

The court seems to have been of the opinion that if the building was ever completed, the lien attached upon its completion to the land necessary for its convenient use and occupation as it stood when completed, notwithstanding…