Joost

Action to foreclose subcontractors’ liens. Pending the litigation the claim of Joost Brothers was *289 paid, and the only defendants served were Eugene and Kate Sullivan. The claims of Byron and Bayreutlier were sustained by the court, and from the judgment, enforcing their liens and from an order denying a new trial this appeal is prosecuted.

Eugene Sullivan was the owner, and his wife, Kate Sullivan, was made a party, the complaint alleging that she claimed some interest in the property. Eugene Sullivan died before the trial, and Kate Sullivan, having been duly appointed administratrix of his estate, was substituted, as such administratrix, in his stead; and as such, and as an individual, has taken this appeal.

A contract was made by Eugene Sullivan with one Westcott to raise, make alterations, additions, and repairs to a two-story frame building upon a lot situate at No. 625 Natoma street, city of San Francisco. Plaintiffs alleged that neither said contract nor any memorandum thereof was ever filed in the recorder’s office; “that said building was completed on or about the fourteenth day of October, 1891, and further alleged the filing of their respective liens before the…