ARGUED AND DETEBMINED
i m rim
Wim! §tu¢ea Giimit mul giatvivt Ginuvta; 4
Hmwrou, Ex’r, etc., v. Tnucxnm Cum. Co.
_ _ (Oircuit Court, 1). Nevada. November 24, 1883.) "
Jums1>1c·r1o¤—FoancLosunn or MECHANICS, Lmns—SUrr BY AssreNmn— Avan-
mwr as T0 CITIZENSHII-’——ACT or Mason 3, 1875.
Where the assignee of a mcchanic’s lien seeks to enforce and foreclose such _
liens in a circuit court of the United States, it must afhrmatively and clearly
appear from the bill tiled that the court had jurisdiction as to all of the orig-
inal lien claimants, and where no averment as to the citizenship of some of
such claimants is made in an amended bill, it will be presumed that they are
citizens of the state where the suit is brought, and the bill will be dismissed for
want of jurisdiction.
Suit in Equity to foreclose certain mechanics’ liens. The opinion
states the facts.
W. E. F. Deal, for complainant.
O. S. Varian, R. H. Lindsey, and R. M. Clarke, for defendant.
Before SAwY1s:1>. and SABIN, JJ.
SABIN, J. This suit was brought in this court by C. P. Hubbell,
since deceased, a citizen of the state of California, against the defend-
ant, a Nevada corporation, to foreclose certain liens, usually called ‘
mechanics liens, set forth in the bill of complaint. The liens sought ·
to be foreclosed and enforced against defendant are 122 in number,
aggregating $115,059.66 in amount. They are classified as contract-
ors’, subcontractors, materia.l·men’s, and laborers’ liens. Complain-
ant, Hubbell, derived title to these liens through various assignments,
direct and intermediate, to himself. Of these liens, 112 were assigned
by the original lienholders to J. G. Hampton, and by him assigned
to Hubbell; three were assigned to J. C. Hampton & Co., and by
v.1 9,110.1-1 _