Fernandez

Fernandez v. Burleson

Good Law
110 Cal. 164·1895 Cal. LEXIS 1034·42 P. 566
Supreme Court of CaliforniaNovember 25, 1895No. 18272California1,164 words

Opinion

Lead Opinion

Britt, J.

Plaintiffs, eight in number, united in this action under the permissive clause of section 1195 of the Code of Civil Procedure, to enforce liens claimed by them, respectively, for balances due from defendants •on account of labor performed by plaintiffs, severally, at the request of defendants, on a mining claim in Siskiyou county. Defendants constitute a mining partnership under the name of Burleson & Parsley; they owned a mining claim called the “ Bare Bar ” claim, and employed plaintiffs to work thereon; their answer admitted that the balances alleged are due to the plaintiffs, respectively, but denied that the work was done on the premises described in plaintiffs’ several claims of lien. There was judgment for the plaintiffs—seven of them—directing the sale of said “ Bare Bar ” property, and the application of the proceeds to the payment of the demands of the successful plaintiffs, with costs and attorneys’ fees; the correctness of the judgment depends upon the answer to the question whether the property thus directed to be sold is described at all in the claims of lien filed in the office of the county recorder under section 1187 of the Code of Civil Procedure. In this…

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