Beatty

This is an action to enforce a lien under the provisions of the code relating to liens of mechanics and others. Judgment went for defendant, and plaintiff appeals.

The premises against which the lien is sought to be enforced are situated in the city and county of San Francisco, and are the property of the estate of Warren F. Mills, deceased; and the respondent, Cecil J. Mills, is executrix—jointly with one Holland Smith, who is executor—of said estate. The lien is based on an alleged written contract for certain street work in front of said premises made by Mrs. Mills alone, and without the concurrence of her coexecutor, with Hogan & Burns, contractors, and an assignment of the lien by said contractors to the appellant. The court found: 1. That the contract was void because one of said contractors had falsely represented to the respondent, when she was quite sick in bed, that her coexecutor, Smith, to whom she intrusted the management of the estate, had sent, *313 ,by said contractor, a direction that she should sign said contract; 2. That the assignment to appellant was made before the filing of the lien, and therefore of no legal value—as held in Mills v. La Verne Land Co., 97…