Hubbard

This action was brought by plaintiff!, as assignee of Hubbard and Carmichael Bros., materialmen, to foreclose a lien in the sum of $1894.90, for materials used in constructing certain buildings upon the property of defendants’ intestate, Eugene A. Lee, who was one of the original defendants in the action, but has died since the action was brought. The contractors, Hastings & Son, are also defendants, but made no defense other than to file a formal answer. Plaintiff also sought a personal judgment against Lee for the sum of $1894.90, basing this claim upon a notice given Lee, on June 26, 1906, that plaintiff’s assignors had furnished the contractors certain materials used in constructing the buildings. This notice intercepted $526.35 in the hands of Lee, for. which the court gave plaintiff judgment against C. H. Lee, as such administrator, but refused to give judgment for any lien.

Plaintiff insists that on the findings made by the court he is entitled to a lien against the property of Lee for the amount sued for. He accordingly, in due time, made a motion under section 663, Code of Civil Procedure, to amend and correct the conclusions of law and to vacate the judgment as entered,…