Tunis v. Lakeport Agricultural Park Ass'n

Citations

• 98 Cal. 285
• 33 P. 63
• 1893 Cal. LEXIS 908

Syllabus

<p>Mechanic's Lien—Land for “ Convenient Use and Occupation” of Building —Construction of Code—Purpose and Use of Building. — Section 1185 of the Code of Civil Procedure, which provides that the land upon which a building is erected, “ together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof,” is subject to a lien therefor, should be construed to mean such space or area of land as is necessary to the enjoyment of the building for the purpose in view in its construction; and the uses to which it is to be put must determine the quantity of land necessary to the convenient use and occupation of the building.</p> <p>Id. — Race Track—Hotel upon Fair Grounds.—A race track covering about sixty acres of ground, with its training stables, grand stand, corrals, and other improvements belonging to an Agricultural Park Association, and situated upon its Fair Grounds tract, is not necessary to the convenient use and occupation of a building erected for a hotel, club-house, and saloon upon such Fair Grounds tract, and cannot be made subject to a lien for the erection of such building.</p>