Parke & Lacy Co. v. Inter Nos Oil & Development Co.

ANGELLOTTI, J.

This is an appeal hy defendants Inter Nos Oil and Development Company and James A. Wilson from a judgment against them based on their default, they having failed to appear in the action after having been regularly served with process. The action was one to foreclose certain mechanics’ liens of plaintiff and its assignors upon a “well” and certain lands alleged to be necessary for “the convenient use, occupation, and operation thereof.” It was alleged both in the complaint and in the notices of lien that

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the “Occidental Oil Company,” a corporation, a defendant herein, was “the owner and reputed owner of the land and premises,” and that the defendant Inter Nos Oil and Development Company was “the owner and holder of an interest in said land, and the owner of the well herein mentioned thereon, and of all the machinery, easing, tools, implements, and appliances and structures connected therewith or .appertaining thereto.” It was alleged that defendant Wilson claimed some right or title therein, but that the same was subject and subordinate to plaintiff’s claim of lien.

The alleged liens were for “materials furnished” the. Inter Nos Oil and Development Company, to be used “in the construction and drilling” of said well, and which were actually used in the “drilling, construction, and operation” of said well.

The action was dismissed as to the defendant Occidental Oil Company, and judgment was thereupon entered by default against appellants, in accordance with the prayer of the complaint, adjudging the amount found due to be. a lien upon such well and its appurtenances and upon the interest and estate of the defendant Inter Nos Oil and Development Company in the land upon which the same, was situated, the same being forty acres of land in section 9, township 32 -south, range 23 east, Mount Diablo base and meridian.

1. It is contended that the complaint shows that the only materials furnished were machinery for the drilling and construction of an oil well, and that the only provisions of the lien law applicable to the case are therefore those relating to liens on mining claims, and that under those provisions no lien is given for materials.

The assumption that the complaint shows that the well in question was an oil well, or a well constructed in exploring for oil, is not warranted. Prom the corporate name of the appellant corporation it may be surmised that such was the case, but there is no allegation compelling such a conclusion. The allegations in regard to it refer to it simply as a “well,” and it is entirely consistent with everything stated in the complaint that it was constructed simply for the purpose of obtaining water, and is only a well for water.