Rains

Appellee brought this action to foreclose mechanics' liens for work done by himself and others in connection with the drilling of oil wells upon “certain oil mining claims” described in the complaint. The trial court entered a decree foreclosing such liens, and appellants have .appealed on the ground that all the lands described in the complaint and in the decree, with the exception of Chilcat No. 11 claim, were being operated by appellants *604 'under oil and gas prospecting permits issued to them under the Oil Leasing Act of Congress, approved February 25, 1920 ( 41 Stat. 437 ). It is claimed by appellants that “the title to the patented and permit lands aforesaid rests and did rest in the United States of America during all the time and times said work was performed or materials furnished.” Appellants state the principal issue as follows: “Have, defendants (appellants) such an interest in said oil claims under the oil and gas prospecting permits as to subject them to the alleged liens of the plaintiff (appellee) ?” . • .

It is clear that the decree of foreclosure would not be binding in any way upon the United States, and that the only interest which could be sold under the…