65 P. 147 | Ariz. | 1901
J. C. Hurley brought suit in the district court of Yavapai County against J. E. Harper and N. L. Griffin to recover the sum of $740.95 upon four separate causes of action—the first cause of action for wages in the sum of $292 for work done by him on the Hidden Treasure Mine; the second, for wages due Ben Herr, in the sum of $180; the third, for wages due Joseph Hull, in. the sum of $185; and the fourth, for money due. Stukey Brothers, in the sum of $55.50, for materials furnished to be used in and upon the Hidden Treasure Mine,—which accounts were assigned to Hurley. He alleged that the work was done and the material furnished on the Hidden Treasure Mine, and that the defendants, Harper and Griffin, were the owners and reputed owners and in the actual possession thereof; that mechanics’ liens had been filed to cover each of said accounts, and those filed by Herr, Hull, and Stukey Brothers had been assigned to him for a valuable consideration; and he asked that the liens be foreclosed and the property sold to satisfy the liens. Defendant Harper did not make an appearance, nor answer the eompaint. The defendant Griffin made answer, denying each and every material allegation. The cause was tried to the court without a jury, and the. court made its findings of fact, in effect, as follows: That the said defendant N. L. Griffin was on the sixth day of December, 1899, and long prior
The question for this court to determine is whether the conclusions of law and judgment are supported by the findings. Both the defendants, Harper and Griffin, were alleged to be the owners of the property and in possession thereof. The findings of the court in reference to that allegation are that, at the time the labor was performed by the plaintiff and his assignors, Griffin was the owner of the property and Harper was in possession thereof by virtue of a lease, and that Harper was indebted to the plaintiff and his assignors under a contract with him alone, while the conclusion of law is that plaintiff is entitled to a decree foreclosing his mechanic’s lien upon the property described to satisfy the amount due by Harper to the plaintiff and his assignors. The judgment is in accordance therewith. The conclusions of law and judgment are broad enough to subject Griffin’s interest in the mine to the payment of the debt which Harper owed, and to foreclose a lien which might have been good against Harper’s
The district court having found that Griffin was the owner of the mine, and Harper in possession only as a lessee, the. judgment which was in effect that Hurley have foreclosure of liens and sale of Griffin’s interest to satisfy Harper’s debt, when Griffin had not in any way contracted the debt, was error. The judgment of the district court is reversed, and, without further trial, is modified so that Griffin is dismissed from the. complaint, and his interest in the Hidden Treasure Mine released from the foreclosure proceedings.
Doan, J., and Davis, J., concur.