Bunnell

Appeal rom an order setting aside a sale of land under a foreclosure decree.

The appellants are the defendants C. Bunnell and the Ger-mania Building and Loan Association, and Elizabeth Bunnell, who is not a party to the suit. The defendant Bunnell derived his title from the plaintiff under a deed reserving a lien for certain moneys, part of the consideration, which is the lien foreclosed. The building and loan association is a junior mortgagee. It answered, setting up its mortgage, but not praying for foreclosure. The Beclamation District Ho. 551, a defendant, had a lien for an assessment upon the land, prior to that of the plaintiff, which it set np by answer and cross-complaint. Judgment of foreclosure was rendered directing the sheriff to sell the premises, and out of the proceeds, after retaining his fees, etc., to pay first to the defendant, the reclamation district, the amount due to it (seventeen hundred and seven dollars and forty-one cents), and afterward to the plaintiff the amount due to him (seven hundred and fifty-five dollars and seventy-eight cents), with attorney’s fee (one hundred and fifty dollars), and costs. This judgment on the appeal of the building and loan…