Tunis

Tunis v. Lakeport Agricultural Park Ass'n

Good Law
1893 Cal. LEXIS 908·98 Cal. 285·33 P. 63
Supreme Court of CaliforniaMay 16, 189314963California798 words

Opinion

Lead Opinion

Two separate actions were brought, one by Tunis and the other by Christensen, to foreclose separate mechanics’ liens upon a building constructed by defendant Walter upon land owned by the Lakeport Agricultural Park Association, a corporation, and one of the defendants herein. The two actions were consolidated and tried together. Judo-ment was entered foreclosing the liens, declaring their order of priority, and ordering the building and certain lands to be sold, subject to a prior mortgage thereon, to satisfy the liens. The corporation defendant appeals from the judgment, and from an order denying a motion for a new trial.

1. The complaint of Tunis states a cause of action, and the court did not err in overruling the demurrer of the defendant corporation to such complaint.

*286 2. The court found that all the premises described in the complaint were necessary to the convenient use and occupation of the building constructed, and the appellant claims that this finding is not sustained by the evidence.

The description of the land is as follows: “Bounded on the east by lands of D. Dunuivan, on the north by lands of H. C. Boggs, on the west and south by the county road leading from…

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