The Alaska citizen., 1910-10-24
OPINION.

 his aSsirnors. furnished labor and material for the reconstruction of a certain frame building. during the month Of January. 1908. situate on a lot owned al that time by the de fendant Caskey, but under option to Martin Moran. C. A WedCcwood and Frank Cullen. trustees for the Western Federation of Miners, who were then in possession and oeeu- pying the lot and building
 The defendant Caskey entered in- to written option. on November 7th. 1907. to sell the lot and build ing in question. to the defendants above mentioned, for inc sun of s5.0OO l,00o in cash. and s4.0O0 on or before the lst day of August, 1908
 The following agreed statement of facts Was submitted in the case. in addition to oral testimony:
 Upon default. the defendant Gas key re-entered. under the terms of the said option, and ever since has been and now is. the owner, and in the possession of the Tor and build ing in question.
 That since November l, 1906, J. H Caskey mas been continuously and nov is the sole owner of the lot of ground described in the com plaint.
 That up to November :, 1907, J. H Caskey was in the exclusive pos session of said lot of ground and of the building there situate thereon.
 That since August 2. 1908. j. H. Caskey has been continuously and now is in possession of sad lot of ground and the building situate thereon
 That since August 2. 1908. j. H. Cashey has ascertained and ad- mts that the material described in the several liens set forth in the complaint entered into the additions made to the building situate on said lot. on November :, 1907, and that the labor set forth in said liens was performed upon the building situate upon said lot, at the times in the said liens set forth. and that the value of the material furnished and the labor performed is correctly stated in said liens
 That on December %. 19o7, ]. H. Caskey posted notices in writing in conspicuous places upon said lot and upon the building then situate there on, of which a copy is set forth in his answer
 That each of the lien claimants named in the three liens set forth in the complaint had actual knowl- edge of the posting of said notices and the contents thereof prior to the time any of them furnished any of the material or performed any of the labor described in said lien.
 That the option agreement set forth in the answer of J. II. CaSkey, dated November :, 1907. between J Harmon Caskey and A C. Wedge wood, Martin Moran and Frank Gull len, was duly executed and acknowl- edged by the parties thereto and recorded at the time and place in said answer stated. and Exhibit A, being part of the said answer. is a true copy thereof.
 John F. Dillon, attorney for plain tiff
 A R. Heilig, attorney for defend ants.
 Overfeld. District Judge:-This is an action to foreclose a mechanics lien for labor performed and ma terals furnished in the reconstruc- tion of a certain frame building.
 From the facts admitted and those established without contradiction by the evidence in this case, it is con- clusively shown that the defendant owned a lot on which was situate the frame building, one story in height, 43x50 feet in dimensions, of the cost value of about s3,000.00 That on March ', 1907, prior to the time the alleged services and mater ials were furnished. the defendant gave an option on the property here in to WedgewoOd, Moran and Cullen, trustees. and receiving s10OOOO in cash, the further consideration of s4,000.00 to be paid on or before the 1st day of August, 1908. the option being placed of record in the Fair banks Recording Precinct, Novem- Der 27, 1907.
 The evidence is uncontradicted that the lien claimants had actual knowledge of the posting in conspic uous places of the notices posted on December 20, 1907, by Caskey, both on the lot and building, which was prlor to the time the lien claimants furnished labor or material, as claim ed in their lien.
 It was also conceded that under the facts in this case no lien can be legally claimed by the plaintiff against the ground on which the