Sachse v. Auburn

Citations

• 95 Cal. 650
• 30 P. 800
• 1892 Cal. LEXIS 881

Syllabus

<p>Mechanic’s Lien—Judgment of Foreclosure—Extent, of Land Decreed to be Sold — Presumption upon Appeal — Pleading — Necessity for Convenient Use. —In an action to foreclose a mechanic’s lien, where there is nothing in the record to show that the land described in the decree in favor of the plaintiff directing the land to be sold is greater in extent than that covered by the building, it will be presumed upon appeal in favor of the judgment that it was not greater in extent, and the judgment will not be reversed because of the absence of an allegation and finding that it was necessary for the convenient use and occupation of the building.</p>