Huff

The action was to have it adjudged that a deficiency judgment docketed against the land claimed by plaintiff is not a lien thereon and for an injunction restraining defendants from selling said land upon an execution. Plaintiff had judgment as prayed for. Defendants moved the court, under sections 663 and 663%, Code of Civil Procedure, to set aside and vacate the conclusions of law, and amend the same, and to amend the judgment in accordance with the amended conclusions of law. The motions were denied and defendants appeal from the judgment and the orders.

About all of the facts essential to a comprehension of the • issues appear in the findings of the court, which latter are supported by the evidence. It appears therefrom that on October 1, 1898, one E. L. Emerson was the owner of the premises in question, and upon that day executed a contract for the sale thereof to intervener Briggs for the consideration of $1,600, payable in installments as follows: Eight hundred dollars within three years, and $800 in five years from said date, with eight per cent annual interest, which said contract was recorded June 12, 1905; on November 27, 1901, said E. L. Emerson conveyed said premises…