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· 6/17/1897

Fresno Loan & Savings Bank v. Husted

Citations

  • 5 Cal. Unrep. 715
  • 49 P. 195
  • 1897 Cal. LEXIS 994

Syllabus

<p>Mechanic’s Lien—House on Another’s Lot.—A Went into Possession of certain lots, then owned by B, under a contract of purchase, built and paid for a house thereon, and afterward removed the house on to the land of 0, as a temporary resting place, without B’s permission, and after default in the payments on the lots. Held, that it cannot be implied that B furnished the material with which the house was built, nor that A acted at the time of constructing the house as the agent of C, so as to subject C’s lot to a lien under sections 1183, 1185, 1192, Code of Civil Procedure.1</p> <p>Mechanic’s Lien—House on Another’s Land—Notice.—C was not required to post written notice upon this building within three days after it was moyed on his lots, under section 1192, supra, in order to escape liability, as the house, by agreement, was to- remain on the lots in question but a few days, and was therefore personal property while it rested there.</p>

Judges: Chipman

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