Berentz v. Kern King Oil & Development Co.

Citations

• 7 Cal. Unrep. 214
• 84 P. 45
• 1905 Cal. LEXIS 714

Syllabus

<p>Process—Service by Constable.—Where a Return of Service of summons by a constable was not verified as required by Code of Civil Procedure, section 410, it was ineffective.</p> <p>Mining Claims—Oil Wells—Liens for Labor.—Code of Civil Procedure, section 1183, as amended by Statutes of 1899, page 34, chapter 35, provides for a lien on the whole of a mining claim for labor performed or for materials furnished to be used in the construction of any building, wharf, bridge, ditch, flume, aqueduct, well, tunnel, etc., and for labor performed in any mining claim or claims and the works owned and used by the owners for reducing ores, etc.; and section 1185 declares that the land on which any building, improvement, well or structure is constructed, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment, is also subject to the lien, etc. Held, that the mining claims referred to were mines of ore, exclusive of oil wells, and hence a claimant of a lien for the drilling of an oil well, etc., was not entitled to foreclose the lien, except as against such land as was necessary for the convenient use and occupation of the well.1</p>