Brown

This is an action to foreclose an alleged lien upon a threshing-machine, brought under the act of March 12, 1885, providing a lien for the wages of persons employed as laborers on threshing-machines. (Stats. 1885, 109.) The complaint contains three counts, the first to recover for labor performed by the plaintiff, the other two upon claims assigned to the plaintiff by others who performed work .in connection with the machine. The appeal is taken by the Best Manufacturing Company from the judgment and from an order denying its motion for a new trial.

1. The threshing-machine in question was in the use and possession of William Brown at the time the work was done for which the liens are claimed, and in each case the work was done under a contract by the respective laborers with William Brown, to which contract the defendant Best Manufacturing Company was not a party. The appellant claims to be the owner of the machine, and it appears from the evidence, although it is not expressly alleged either in the complaint or answer, that it is the owner of the machine, and that Brown was operating the same under a lease from the appellant. The first point urged is, that the appellant is not…