Williams v. Mountaineer Gold Mining Co.

Citations

• 102 Cal. 134
• 36 P. 388
• 1894 Cal. LEXIS 607

Syllabus

<p>Mechanic’s Lien—Part of Structure.—A mechanic’s lien cannot be claimed upon part of a structure, or upon a structure which is part of a larger structure, or part of an entire property.</p> <p>Id.—Structures for Use of Mining Claim.—A claim of lien for materials furnished for the construction of a mill, tramway, boarding-house, and reduction works upon a mining claim should be against the mining claim, and not against the specific structure upon the mine.</p> <p>Id.—Appurtenance—Anticipation of Future Use.—One contributing labor or materials to a structure which is an appurtenance to a mine, or which, when constructed, is to form part of it, must be held to have anticipated its future use, and cannot claim a lien upon the structure upon the gronnd that the lien attached before its use in connection with the mine.</p> <p>Id.—Foreclosure of Lien—Title to Mining Claim.—In an action to foreclose a lien for materials furnished in the improvement of a mining claim against persons in possession of the premises, the lien claimant cannot dispute the title of the defendants; nor can title be tried in such form of action.</p>