Ritz

The above-entitled actions, which were consolidated for trial, were instituted by the plaintiffs to foreclose materialmen’s liens on certain real property. From a judgment decreeing that the property be sold and the proceeds realized from the sale be applied to the payment of plaintiffs’ claims but that such sale should be subject to a certain trust deed executed by the owners of the land in favor of defendant Oceanside Finance Company, as trustee for the benefit of defendant First National Bank of Oceanside, the plaintiff's have appealed. There is no dispute as to the facts which were developed during the trial of the action and the sole question of law which is here presented is whether the trial court was correct in adjudging that plaintiffs’ liens are subordinate to the lien of the trust deed.

The facts which are pertinent to the above-mentioned question and whose narration is necessary for its intelligent consideration are contained in the following statement. The defendant M. C. Ritz was the owner of two vacant lots in the town of Encinitas in San Diego County. Desiring to .clear the title to said lots and to erect a building thereon he applied to an officer of the…