Phelps v. Maxwell's Creek Gold Mining Co.

Citations

• 49 Cal. 336

Syllabus

<p>Enfoboino Lien undeb Act of 1868.—If, at the time of the lien of a material man or laborer accrued under the Act of March 30, 1868, the owner of the premises was not in possession, but the same were in possession of a lessee whose term had not expired, and who caused the labor to be done or the materials to be furnished, a personal judgment cannot be rendered against such owner, in an action enforcing the lien.</p> <p>Idem.—If, in- an action to-enforce such lien cvated by a lessee, the premises belonged to a corporation, and its President visited the same while the work was going forward, and was informed of the same, it is, prima facie, sufficient to charge the corporation with knowledge of the fact that the work was being done, and if the corporation gives no notice that it will not be responsible, its estate in the premises may be sold for the lien, as well as the estate of the lessee.</p> <p>Claim fob Lien Filed with the Becobdeb.—The claim for a lien filed with the County Eecorder, under the Act of 1868, must state the name of the person to whom the materials were furnished, and the name of the owner or reputed owner of the premises.</p>