Terry

The appellants, owners of real property in Los Angeles, on which a building had been constructed, commenced this action in the nature of a suit in interpleader, joining as defendants the building contractor, its surety, and numerous lien claimants. The surety was dismissed from the action by the trial court, certain lien claimants were given judgment against the contractor, and the amounts of their several judgments were decreed to be liens on the plaintiffs’ property, which was ordered to be sold to satisfy them. The plaintiffs’ appeal is on two grounds; first, that the court erred in dismissing the action as to the surety, and, second, that the judgment is not supported by the findings in three particulars which will be defined later in .this opinion.

The action is of such an unusual character that it is necessary to an understanding of the appellants’ contentions to state the essential facts upon which the suit was brought, as well as briefly to indicate the salient features of the litigation.

The Southwestern Building Company contracted to erect on the plaintiffs’ property a building to cost six thousand dollars. The last one thousand five hundred dollars payment was to be…