Fisher

In April, 1891, the San Diego Opera House Company, a corporation, commenced the construction of an opera-house upon certain lands in the city of San Diego, employing the laborers and procuring the materials therefor without the intervention of an original contractor for the entire work. The land upon which the building was constructed was at that-time owned by the defendant Fisher, who was the president of the opera-house company, and directed the construction of the building as its president and in its. behalf. Fisher continued to be the owner of the land until November 20, 1891, when he conveyed it to the corporation. The building was completed February 22,. 1892, and within thirty days thereafter various claims of liens for materials and labor were filed in the recorder’s office. June 12, 1891, Fisher and his wife executed to the plaintiff a mortgage upon the lands on which the building was being constructed, to secure his promissory note for thirty thousand dollars, then loaned to *229 him by the plaintiff, and, on November 5, 1891, the plaintiff made him a further loan of twelve thousand five hundred dollars, which was consolidated with the former loan, and a new mortgage…