March v. McKoy

McKinstry, J.: The action was brought to recover the possession of “one thresher-engine, with boiler and fixtures thereto belonging,” etc., or its value.

The District Court gave judgment in favor of plaintiff for the recovery of the property, or the alternative value, and damages for its detention, etc. A new trial was denied, and from the judgment and order denying a new trial defendants have appealed.

June 19th, 1876, plaintiff being the owner of the engine and boiler—the whole mounted upon wheels—executed to one Woods a written “lease,” by the terms of which Woods was to have the use of the property for a period of six months, Woods to pay §100 per month rent; and if, at the end of the six months, all the payments, amounting to §600, should be made, plaintiff was to execute to Woods a bill of sale of the property. Under this agreement Woods took possession of the engine and boiler, and placed them near his saw-mill, and on the “ Adams Tract ” of land, then under lease by him. In using the engine it was taken off from the wheels, and the axles were firmly bolted to large timbers, and these were bedded in the soil. The boiler and engine were all part of the same machinery, and had been supported on the same set of wheels. When the boiler was in place, it was partly supported by masonry built up from the soil. From the engine, belts connected with the machinery in the mill, a distance of about 100 feet, and the engine was used to drive this machinery.

[87]Woods paid two months’ rent, and no more. While the property was in possession of Woods, as aforesaid, he caused repairs to the amount of $30 to he made upon the engine and boiler, and at the same time other repairs to be made upon his saw-mill by the same machinists. The latter—Gregg and Piules—were not paid, and filed a mechanics’ lien upon the whole of the property for all their claim. Thereafter an action was commenced by the mechanics to foreclose said lien. March, the plaintiff, was not made a party to said action, nor did he appear therein. Judgment' was rendered foreclosing said lien, and under this judgment the whole of said property on which said lien had been taken was sold by the Sheriff of Santa Cruz county upon the ltith day of March, 1877, to B. P. Porter.

The following is a description of the property decreed to be sold: “ The planing-mill connected with.or contiguous to what is known as the McKoy & Hubbard saw-mill, situated and lying on or near the road leading from Felton, in the county of Santa Cruz, State of California, to Lorenzo, in said county and State; said mill also lying and being on or near what is known as the San Lorenzo Flume; also being and lying in the county of Santa Cruz and State of California.”