Evans v. Judson

Citations

• 120 Cal. 282
• 52 P. 585
• 1898 Cal. LEXIS 753

Syllabus

<p>Mechanics’ Liens—Impbovements by Lessee—Tntebest of Lessob—Notice— Facts Puttinq upon Inquiby—Liens upon Land.—Under a lease for six months giving the lessee the privilege to make and remove certain improvements, but providing contingently that if the improvements should be incorporated with existing structures, so that removal would leave the latter in worse condition than at the date of the contract, they were to become the property of the lessor, the lessor had sufficient interest in the contemplated improvements, and sufficient knowledge of the intentions of the lessee to make improvements, to put him upon inquiry as to the nature of the improvements made, and to charge him with notice of the improvements, and to make the land subject to the liens of mechanics and materialmen, where the lessor posted no notice disclaiming responsibility for the improvements, as provided in section 1185 of the Code of Civil Procedure.</p> <p>Id.—Findings—Improvements upon Existing Structures.—Where the findings show that the additions, alterations, and repairs in question were made to and upon buildings and other structures situated upon the leased premises, they sufficiently show that the improvements were upon property declared subject to lien therefor by the statute; and they are not defective in failing to show whether the improvements made were of such a character that they must remain on the premises under the clause of the lease referring to the same.</p> <p>Id.—Foreclosure of Liens—Sale of Land—Expired Leasehold.—Upon the foreclosure of liens upon the land of the 'lessor, it is not required first to sell the leasehold interest before selling the land, where the term has expired, and there is nothing in the record to show that the lease-was renewed.</p> <p>Id.—Appeal—Affirmance of Judgment fob Plaintiff—Attorney’s Fees for Defending Appeal—Jurisdiction of Trial Court.—Upon the affirmance of a judgment for the plaintiff upon appeal of the defendant in an action to forecl