Barker

In lieu of any preliminary statement of the case, reference is made to the former hearing in the earlier appeals. (Seid Pak Sing v. Barker, 197 Cal. 321 [ 240 Pac. 765 ].) The report fully covers the facts and our discussion will include only such features as are incidental to the contentions here presented.

The original complaint was filed on January 26, 1919, which date, therefore, was that of the commencement of the action. The original defendants were Barker, Miller, Grossman, Chicago Bonding and Surety Company, a corporation, with a number of fictitious defendants.

The action has been characterized as one to establish the right of plaintiffs as the owners and holders of a junior mortgage upon certain premises to redeem said premises from the lien of a prior deed of trust upon the same and fix the basis of such redemption. This is rather a broad characterization and, as it will appear hereinafter, is intended as such. After the decision on the former appeal, the case went back for retrial, at the conclusion of which judgment and decree was entered determining the existence of a lien in favor of plaintiff against the premises, but subjecting the lien to prior liens in favor…