Kent

This appeal is from a final judgment for respondent and from an order denying plaintiffs’ motion for a new trial. The facts, as admitted, and as shown by the findings, are substantially as follows;

After the recording of said contract, but before the recording of said deed, and on the tenth day of January, 1889, the said Williams, with others, borrowed from the respondent, the San Francisco Savings Union, the sum of sixteen thousand dollars, and as security therefor executed to said savings union a deed of trust upon certain specifically described lands in Fresno county which are claimed by plaintiffs to be a part of the lands agreed to be conveyed to them in said contract between them and Williams.

In January, 1893, the plaintiffs commenced this action to enforce a lien upon the lands in Fresno county for the pay ment of the said note, without any offer to first enforce any lien which they have upon the Oakland property.

The prayer of the complaint was for a sale of the Fresno-property, and the application of the proceeds of the sale to the payment of the note so made by Williams to plaintiff. The summons followed the complaint as to the nature of the action and the relief…