Cowan

This is an action to foreclose certain mechanics’ and materialmen’s liens. Plaintiffs recovered judgment, and the Fresno Loan and Savings Bank, a mortgagee and defendant, has appealed. The build, ing upon which the liens were foreclosed was a dwelling-house, situated some five miles from the city of Fresno, and the only question of any importance involved in this appeal relates to the amount of land necessary for the convenient use and occupation of this dwelling. It is situated upon a tract of land described as lots 21 and 22, of the Easterby rancho, the entire tract containing forty acres, and each lot twenty acres. After hearing evidence the court made a finding of fact to the effect that all the land was necessary for the convenient use and occupation of the dwelling-house, and ordered the same to be sold. The land was planted to fig trees and vines.

For the convenient use and occupation of this dwelling-house it is very evident that forty acres of land is not necessary. The statute does not contemplate any thing of that kind. It means exactly what it says—a sufficient space around the dwelling for its convenient use and occupation. It does not contemplate that sufficient…