Lockie

Defendants appeal from a money judgment for $5,074 in favor of plaintiff and respondent, which judgment also decreed that the same should he a special lieunder section 3050 of the Civil Code, and be prior to thlien of a mortgage of the defendants and Olcese and Buchenau, upon lots 670 and. 671, containing forty acres of the Fairmead Colony No. 5 tract in Madera County, and further decreed that said property be sold to satisfy said judgment and lien. The order denying a motion for a new trial is also appealed from, the appeal being taken by the alternative method.

The amended complaint alleges the execution of a contract of sale on December 9, 1912 (recorded February 7, 1913), by the Cooperative Land & Trust Company, predecessor of defendant Cooperative Land Company, by which said company agreed to sell to plaintiff and R. E. Bradley said forty acres for $4,400, $1,100 to be paid down and four promissory notes, for $825 each given for the balance of the purchase price, and upon completion of the payments, interest and taxes and surrender of agreement the purchasers were to receive a good and sufficient deed of said lots 670 and 671 with certificate of title. Soon after the making…