Kaufman

This is an appeal by the defendants, Young, from the judgment and the order denying them a new trial.

The action was brought in the month of February, 1908, under the provisions of the act of June 16, 1906, popularly known as the “McEnerney Act,” for the purpose of establishing plaintiff’s title to certain real estate situated in the city of San Francisco and to determine the status of all adverse claims to said property.

The defendant, John C. Young, claimed some interest in said real estate, and he was, therefore, served with summons and a copy of the complaint. Said Young, joined by his wife, Josephine M. Young, answered the complaint, and therein, after asking that they be adjudged to be the owners in fee or at least to have some interest in the property described in plaintiff’s pleading, prayed that “in the event that said court shall not adjudge and declare said John Crosby Young to be the owner of said property and of said moneys aforesaid, by reason of said default and forfeiture, then and in that case that said defendants, John Crosby Young and Josephine M. Young, be adjudged and decreed ... to be entitled to a vendor’s lien covering all said property for the entire…