Bobo v. John W. Lattimore, Contractor

EUBANK, Presiding Judge.

This appeal questions whether a perfected mechanics’ and materialmen’s lien, authorized by A.R.S. § 33-981, 1 can be foreclosed against real property owned by a lessor for construction of improvements made on the leased property by his lessee.

The facts are undisputed. The record shows that the appellants, hereafter referred to as lessors, were owners of three lots located at 1729-1735 East Van Burén Street in the City of Phoenix, Arizona. On January 1, 1968, they leased the three lots to Parker who fifteen days later assigned the lease to Hamburger-King Systems, Inc.,…