Tallent v. Hunter

M. H. Hunter claimed a lien under § 3358 of the Civil Code (1910) for supplies furnished to a sawmill operated by W. R. Harris, and foreclosed the lien by levying upon certain lumber as the product of the mill. J. A. Tallent interposed a claim of title to the lumber. Upon a trial of the issue thus formed the jury found for the plaintiff.

The evidence is undisputed that Harris operated the sawmill and sawed the lumber, under contract with Tallent, from timber which belonged to Tallent, and that the title to the lumber sawed was in Tallent. The verdict establishing the plaintiff’s right to a…