Chappius

This action is brought to foreclose mechanics’ liens for labor performed upon a mining claim. Defendant De Varila suffered default. Defendant Blankman appeared, and now appeals from the judgment and order denying his motion for a new trial. The material facts are briefly these: Blankman was the executor of the last will and testament of David Buck, deceased. As such executor, under an order of the probate court, he paid the balance due upon a contract of sale for the purchase of the Eclipse Quartz Mine, which Contract had been entered into by Buck during his lifetime. Blankman took the deed in his individual name, and it was subsequently recorded in Placer county, where the mine was situated. Notwithstanding the title to this mining property stood in the name of Blankman, it was the property of the estate of Daniel Buck, deceased, and was returned as the property of that estate in the inventory and appraisement thereof. In addition to this fact, throughout the administration the property was recognized and treated as the property of said estate. Pending the administration Blankman wrote a letter to De Varila in substance as follows:

Upon the receipt of this letter De Varila…