Legal Opinion

Hayward Lumber & Investment Co. v. Pride of Mojave Mining Co.

California Court of Appeal

Decided February 18, 1941No. Civ. No. 2608PublishedCited by 3 opinions

1Opinion of the Court

KLETTE, J., pro tem.

This is an appeal from a judgment sustaining a demurrer to a third amended complaint without leave to amend, and dismissing the action. The complaint was to foreclose a materialman’s lien, upon real property in Kern County, described as follows:

“Northwest quarter (y&) of Section 33, Township 11 North, Range 12 West, S. B. B. & M., and those certain mining claims *147located within said quarter-section and known as ‘Pride of Mojave', ‘Four Star’ and ‘Enterprise.’ ”

The notice of lien, a copy of which was attached to the complaint as an exhibit, described the property as follows:

“…

2Cases cited4 opinions

  1. Fernandez v. BurlesonCalifornia Supreme Court · 1895
  2. D. I. Nofziger Lumber Co. v. WatersCalifornia Court of Appeal · 1909
  3. Bishop v. Hayward Lumber & Investment Co.California Court of Appeal · 1937
  4. Penrose v. CalkinsCalifornia Supreme Court · 1888

3Cited by3 opinions

  1. Borello v. Eichler Homes, Inc.California Court of Appeal · 1963
  2. Cain v. WhistonCalifornia Court of Appeal · 1943
  3. Palomar Grading v. Wells FargoCalifornia Court of Appeal · 2014

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