Heard v. Holmes

1. Under the provisions of section 2801 of the Civil Code, as amended by the act of December 18, 1897 (Acts 1897, p. 30), an employee of a subcontractor is entitled to a lien for work done upon real estate for the amount due him by the subcontractor, provided at the time of the service of the notice upon the true owner such owner is still indebted to the contractor in an amount equal to or greater than the sum due by the subcontractor to his employee; and this is true notwithstanding the fact that at'the time the notice was served the contractor had settled in full with the subcontractor.

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