Barnhart

After further consideration of this case we have come to the same conclusion arrived at in Department One, and adopt the opinion therein filed July 3, 1899, as the opinion of the court in Bank, as follows:

1. "Upon the trial of this cause the court found that the plaintiff was entitled to judgment in his favor in the sum of $7,-668.12, and that the same was a lien upon the lands described in the complaint, and directed a sale thereof. The findings of fact were filed March 16, 1895, and judgment thereon entered March 18, 1895. An appeal from the judgment was dismissed by this court March 6, 1896 (Barnhart v. Edwards, 111 Cal. 428 ), and the remittitur thereon filed in the superior court April 22, 1896. Upon an appeal from the order denying a new trial this court made an order December 28, 1896, directing the superior court to deduct certain items from the amount which it found due to the plaintiff, with whatever interest had been allowed for those items, and to make a corresponding amendment of its conclusions of law, and added: “The order denying a new trial will thereupon he affirmed. Judgment will then be entered in accordance with the findings thus corrected.” After receiving…