Taylor

This is an action to foreclose a lien for materials alleged to be of the value of $149.35, and to *554 have been furnished for and used in the construction of a house for defendant. The plaintiffs had judgment as prayed for, and the defendant appeals on the judgment roll.

Only two grounds are urged for a reversal of the judgment: 1. It is contended that the court erred in sustaining a demurrer to defendant’s amended answer and counterclaim; and 2. That the court erred in sustaining a demurrer to defendant’s cross-complaint.

1. It is not shown by the record that any demurrer was interposed or sustained to the amended answer and counterclaim. This point cannot, therefore, be considered,

2. We think the demurrer to the cross-complaint was properly sustained. The action was a proceeding in equity to foreclose a lien for materials alleged and found to have been contracted for on the seventh day of December, 1888, and to have been furnished between that day and the first day of January, 1889. The cross-complaint alleged that defendant, “to avoid threatened litigation,” paid to plaintiffs, on the thirtieth day of November, 1888, a sum of money in excess of what was then due them for…