Barker

Action brought to foreclose certain mechanics’ liens. The court found that they were prematurely filed, and rendered judgment for respondents. The plans and specifications were made a part of the contract, and were not filed in the recorder’s office; hence the contract was void. (Willamette Co. v. College Co., 94 Cal. 229 ; Yancy v. Morton, 94 Cal. 558 .)

*11 Appellants were material-men, and the only question involved in this appeal is, Were the liens filed prematurely? And that question is answered by a determination as to the time when the building was completed. The court found that the building was completed by the owner (the contractor having decamped) November 30, 1886, according to the plans and specifications contained in the contract. There is evidence showing that a tenant of the owner had some possession of a portion of the building in the preceding month of September, but as these liens were filed and actions brought prior to the amendment of the code declaring occupation by the owner to be conclusive evidence of completion, that fact is only material as-a circumstance tending to show the true date of completion.

In referring to the finding of fact made by the court…