Hines

Two actions to foreclose mechanics’ liens upon the Pampa Hill Quartz mine, situated in the county of Tuolumne. The actions were consolidated, the cause tried by the court sitting without a jury, and written findings filed, upon which judgment of foreclosure was rendered in favor of the plaintiffs. Defendants appeal from the judgment and from an order denying their motion for a new trial.

Appellants interposed a demurrer to the complaint, upon the ground that it did not state facts sufficient to constitute a cause of action. This demurrer was properly overruled.

The precise objection to the complaint is that it shows that-certain of the defendants (the appellants here) were the owners of the mining claim, and that it fails to show that they had: notice of the performance of the labor performed thereon by plaintiffs, while it was being so performed, as provided by section 1192 of the Code of Civil Procedure;

The response to this contention is, that the complaint does; not show that the labor was performed for any person or per *519 sons other than the owners. It avers that the several plaintiffs performed the labor at the special instance and request of one William Moorehead, who…