McClain

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 134 A rehearing of this cause in Bank was ordered, on the ground, among others, that the work done and materials furnished by the defendants Holt and Chandler were commenced prior to the date of the mortgage of the Continental Building and Loan Association, and not afterward, as stated in the decision heretofore filed. Hence, assuming the claims of these defendants to be valid, a new trial of the case as to them will be unnecessary. This renders necessary an examination of the validity of these claims. At the same time we will consider the other claims, omitting that of the Waggoner Brothers, with reference to which the former opinion will stand. 1. The material objections to the claim of Chandler are, in effect, that Mrs. Hutton is named in the claim as the person by whom he was employed, instead of the contractor, Waggoner, with whom the contract was in fact made; that an undetermined part of the materials furnished by the claimant were not used on the Hutton block, but on another building of the owner; that "the kind of materials furnished"…

Appeals from two judgments for foreclosure of mortgages and building liens on lands of the defendant, Mrs. Hutton. In the junior mortgage the mortgaged land is a triangular tract in Vacaville, bounded by three streets, and known as block 17; in the older mortgage, a lot twenty-five by fifty feet, known as lot. No. 1, and forming a part of the larger lot above described. This lot was purchased from the plaintiff McClain by the defendant Hutton August 15, 1897, and a mortgage given on it to secure the purchase money. This is one of the mortgages sued on; the other was executed by Mrs. Hutton to the plaintiff, the building and loan association, September 15, 1897. In the McClain case the judgment was for the sale of the mortgaged premises, and the payment out of the proceeds, first of the mortgage, and then of various building liens in a specified order, and for the docketing of a personal judgment against Mrs. Hutton for any deficiency, either on account of the mortgage or liens. The building and loan association was a party to this suit, but does not answer, nor is it named in the judgment. In the building and loan association case — to which Mrs. McClain was not a party…