Autry

This is an action to quiet title to real property and to enjoin sale of the same under a decree of foreclosure of mechanics’ liens. In order to understand the issue presented here, it is necessary to review certain prior proceedings. Lottie L. Ewing and her husband made a note to J. Scharer and wife, secured by a mortgage on real property located in Sonoma County and known as the Pitch Mountain Tavern. The Ewings conveyed the property to Pitch Mountain Development Company, a corporation, which erected certain improvements thereon. Thereafter, the Scharers brought suit to foreclose the mortgage, and subsequent to the commencement of that action the Healdsburg Lumber Company and William Henry Chaney brought separate actioñs to foreclose mechanics’ liens resulting from the improvements referred to. By stipulation, the three actions were consolidated and tried together. In the consolidated action, the court rendered a decree which directed a foreclosure of the mortgage and sale of the property, and having determined that the lien of the mortgage was superior and senior to the mechanics’ liens, directed foreclosure of the mechanics’ liens subject and subservient to the lien of the…