James T. Bush Construction Co. v. Patel

By JUDGE RANDALL G. JOHNSON

In a letter opinion and order issued December 11, 1987, this court held that even though a beneficiary of an "antecedent" deed of trust is a necessary party to an action to enforce a mechanic’s lien, and even though such beneficiary was not named in the original bill of complaint, nor added as a party-defendant within six months after the filing of the memorandum of lien (see Ya. Code Section 43-17), such beneficiary could still be brought into the case even after the six-month period has expired. Accordingly, plaintiff was allowed to amend its motion for judgment…