Hawke

The plaintiff brought this action for the purpose of obtaining a decree declaring her to he entitled to a vendor’s lien on the certain real estate specifically described in the complaint and for the foreclosure of such lien.

The answer set up a prior lien in favor of the defendants, Sargent and Anna E. McLennan, upon said real property, which lien was duly recorded in the office of the county recorder of the city and county of San Francisco, wherein said real estate is situated, and asked that in case it he adjudged that the plaintiff has á vendor’s lien upon the property do- scribed in her complaint, it be also adjudged that said lien is subordinate to the lien of a certain deed of trust running to the defendant, Sargent, as trustee, and the defendant, Annie E. McLennan, as beneficiary, and “that plaintiff is entitled to no portion of the sale of said real property, until the claim of said trustee and beneficiary shall have been satisfied in full.”

The court, by its decree, adjudged that the plaintiff was entitled to and had a vendor’s lien upon the property described in the complaint, but that said lien was subordinate and subject to the lien of the trust-deed, and awarded…