Silvester v. Coe Quartz Mine Co.

Citations

• 80 Cal. 510
• 22 P. 217
• 1889 Cal. LEXIS 947

Syllabus

<p>Mechanics’ Lien—Material-man — Lien on Mining Claim. — Under section 1183 of tlxe Code of Civil Procedure, a material-man who furnishes materials to be used, and which are used, in repairing the improvements on a mining claim, is entitled to a lien upon the claim as a whole, and is not limited to the separate structures on which the repairs were made.</p> <p>Id. — Entire Contract Embracing Several Items — Time for Filing Notice of Lien. —Where the contract for making several items of repair is entire, the notice of lien of a material-man given within thirty days after the completion of the whole work is in time.</p> <p>Id. —Filing, Recording, and Verification of Notice of Lien. —The sufficiency of the evidence to show the filing, recording, and verification of the notice of lien will not he questioned oh appeal, when the statement of the case, after setting out the notice, recites that it was duly sworn to, and shows an indorsement by the recorder of its recordation.</p> <p>Id. — Materials must Actually be Used in Building. — In order to entitle a material-man to a lien, as against the owner, for materials furnished a contractor, the materials must not only have been furnished to be used in the structure to be erected, but must also have been used therein.</p> <p>Id. — Notice Repudiating Liability — Posting in Inconspicuous Place. — Conceding that a mine-owner might relieve himself from liability for materials furnished a contractor by properly posting a notice repudiating his liability, a notice not posted in a conspicuous place, as required by the statute, will not have that effect as against a material-man without actual knowledge of the posting of the notice.</p>