Thomas

The plaintiffs recovered judgment for the foreclosure of a mechanic’s lien for the grading of a tract of land belonging to the defendant. The plaintiffs’ claim of lien was based upon the provisions of section 1191 of the Code of Civil Procedure as amended in 1913 (Stats. 1913, p. 333). Since the amendment the statute provides that: “Any person who, at the request of the owner of any lot or tract of land, grades, fills in or otherwise improves the same, or the street, highway or sidewalk in front of or adjoining the same, etc. . . . has a lien upon said lot or tract of land for his work done and materials furnished. . . .” The grading and leveling in this case was done to so change the surface of the ground that it could be irrigated, and was in its nature a permanent improvement of the land for the purposes for which it was intended, namely, farming by irrigation. Appellants contend that the case of Young v. Shriver, 56 Cal. App. 653 [ 206 Pac. 99 ], is controlling, and that if that case is to stand as authority, the judgment in this case must be reversed. The ease of Yo-ung v. Shriver dealt with a claim that the first plowing of land, as distinguished from subsequent plowings of…