Bellingham Bay Lumber Co. v. Western Amusement Co.

This is an action to foreclose a material-man’s lien. Rudolph Spreckels was the owner of the property sought to be impressed with the plaintiff’s lien at the time of the erection of the building for which the plaintiff’s materials were supplied to the Western Amusement Company, a sub-lessee of said Spreckels, by whom the building was being erected. On March 30, 1908, the plaintiff filed its claim of lien against the building and premises for material furnished by it. On April 13, 1908, Rudolph Spreckels conveyed the property affected by said lien to the Realty and Rebuilding Company, a corporation, the deed evidencing such conveyance being recorded on May 11, 1908. On June 27, 1908, this action was commenced for the foreclosure of said lien. In the complaint then filed Rudolph Spreckels was made one of the parties defendant, and was alleged to be the owner in fee of the premises subject to the plaintiff’s lien. On February 15, 1909, an amended complaint was filed in which the same averments appear. The Realty and Rebuilding Company was not made a party by name in either of these complaints, but several fictitious names were given as defendants, with the usual averment and prayer…