Cortez

— Review. On August 3, 1883, a decree of partition of certain real estate was entered in the superior court, probate department, of the city and county of San Francisco. Mr. Waclcenreuder, who performed the duty of commissioner in making the partition, was, by the decree, allowed a fee of $480 for his services and expenses incurred. It was provided in the decree that the sums so allowed to Waclcenreuder, and “amounting to $480, be and the same are hereby charged and made alien upon the land and premises partitioned.” In July, 1888, the executors of Waclcenreuder procured from the court an order of sale to satisfy the claim, with interest thereon from the date of the decree. On August 20, 1889, the court made an order requiring the executors of Waclcenreuder to show cause why the order of sale should' not be set aside, and an order was entered *278 staying all proceedings. On May 15, 1890, the order under review herein granting an execution was made. It vacates the order to show cause, and the stay order, procured by the distributees of Ramirez’s estate, August 20, 1889, finds the amount which had been paid on account of fees and expenses, the amount still unpaid, and directs…