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Action to foreclose a mortgage on a homestead. The plaintiff had judgment in the court below and the defendants appeal on the ground that other property should have been exhausted before resorting to the homestead. The defendants are husband and wife. This is the second appeal in this ease. (See 40 Cal. App. 753 , [ 181 Pac. 802 ].) On the former appeal it was distinctly held, in conformity with the general equity principle in marshaling assets, that the wife could require the plaintiff to exhaust other securities before resorting to the homestead. After remittitur a second trial resulted in a judgment for the plaintiff, but in this new judgment the court credited the defendants with the value of the outside securities. The events material to the disposition of this appeal took place in the following order:

This sum is conceded to have represented a fair market value of the property at that time.

The first chattel mortgage was never foreclosed. When the title to the livestock vested in the plaintiff in virtue of the sale to him by the sheriff, thus vesting in-him both the lien of the first mortgage and the title to the livestock, the lien was merged in the higher title and…