Tibbetts v. Moore

Citations

• 23 Cal. 208

Syllabus

<p>A mechanic’s lien which describes the property as a “ quartz mill, being at or near the town of Scottsville, in Amador County, known as 1 Moore’s New Quartz Mill,’ ” contains a sufficient description to hold the property, where there is no evidence that there was any other quartz mill at the place so designated as to render it uncertain which was intended.</p> <p>Where the lien describes the land around the building, on which a lien is claimed, in these words, “ with such convenient space of land around the same as may be required for the convenient use and occupation thereof,” the description is also sufficient; but it is proper for the Court by its decree to define the amount and extent of the land connected with the building which is properly subject to the lien ; and if the decree follows the description in the lien, it is doubtful whether the purchaser will acquire any land beyond that covered by the building.</p> <p>The lien of a material man accrues at the time he has the materials, which he has contracted to furnish, ready for delivery at the place where he has agreed to deliver them.</p> <p>When a mechanic or material man commences proceedings to foreclose a lien, and publishes notice in accordance with the statute, for all persons holding and claiming liens to appear in Court and exhibit the same with their proofs, the exhibit of proofs of liens by lienholders, coming in under the notice, is not governed by the sections of the Practice Act relating to interventions, and the papers filed by them are not governed by the strict rules relating to pleadings in ordinary actions. *</p> <p>Where the notice of lien states that the materials were furnished to A & Co., when in fact they were furnished to A, this does not invalidate the lien, for the material fact is, whether the materials were furnished for and used in the construction of the building on which the lien is claimed.</p> <p>A, the owner of a quartz mill in Amador County, executed a mortgage on the sa