CHAPMAN, Justice.
The plaintiff-appellee, Roy L. Frazier, on June 17, 1949, caused to be recorded in the Circuit Court of Volusia County, Florida, his claim of lien for labor performed and services rendered on described lands then owned by Edna L. O'Harra and upon which she later executed a mortgage to Thomas J. Martucci and wife Jennie Martucci. The mortgage referred to was executed, delivered and recorded after the recordation of the appellee's claim of lien. The labor and services were performed for the owner prior to May 31, 1949. The appellee claimed an unpaid balance for labor performed, etc., in the sum of $1,665.60. The claim of lien was asserted under the provisions of Section 85.04, F.S.A.
The appellee filed a bill of complaint in equity praying for a foreclosure of the claim of lien, an accounting and a sale of the described property to satisfy the lien. Joint and several answers were filed by the owner of the property and the aforesaid mortgagees. Testimony of the parties was taken on the issues made by the pleadings and on final hearing the Chancellor entered a final decree in behalf of the plaintiff-appellee for the amount of his claim of lien in the sum of $1,640.60 and decree that the described property be sold to satisfy the payment of appellee's lien. The owner, Edna L. O'Harra, and mortgagees appealed.
It is contended by counsel for appellants that the alleged services rendered and labor performed by the appellee for the owner between the dates of December 1, 1948, and May 31, 1949, were not of such a lienable character as to bring them within the terms and provisions of Section 85.04, F.S.A. The testimony consists largely of that as given by the parties to this suit. The owner admits that Frazier worked for her and that she did not discharge him; that she paid him promptly for his labor and services as long as she was able, but had financial troubles and could not discharge her obligations to him. The owner gave a mortgage on the property which was recorded subsequent to the recordation of the claim of lien.
The labor performed and services rendered by the plaintiff-appellee under a contract with the owner were viz.: Staking out land into lots according to survey, clearing land and burning brush, cutting out and laying roads, and supervising the clearing of land and laying out of roads, cutting fire lanes, maintaining buildings and grounds and making repairs to buildings and pumps to the value of $2,300. The final decree described the lands of the owner upon which appellee performed labor and services prior to May 31, 1949, according to an agreement of the parties. It was further decreed that the appellee's lien was superior to the mortgage lien later given to the Martuccis.
Section 85.04, F.S.A., provides for liens for labor on farms, etc: "In favor of any person performing by himself or others any labor upon or in any farm, orchard, grove, garden, park or other grounds, whether in clearing up, fencing, ditching or draining, or in maintaining, improving or cultivating the same; upon such farm, orchard, grove, garden, park or other grounds." (Emphasis supplied.)
We fail to find error in the record.
Affirmed.
SEBRING, C.J., and TERRELL and THOMAS, JJ., concur.