Crescent Lumber Co. v. Borchers

Plaintiff filed a complaint entitled “Complaint to Enforce Equitable Lien,” naming as defendants Borchers Bros., a copartnership, the members thereof and the said San Jose Abstract and Title Company, hereinafter called the title company. Plaintiff prayed that Borchers Bros, be compelled to pay into court the sum of $402.40; that an equitable lien be declared thereon in favor of mechanic’s lien claimants; and that a pro rata participation therein by the mechanic’s lien claimants be ordered. The cause was tried upon an agreed statement of facts, which was incorporated into the trial court’s…