Action fob Foreclosure of Mortgage—Previous Action for Partition—Consolidation for Trial—Permissible Procedure.—An action for the partition of mortgaged lands may be consolidated and tried with an action for the foreclosure of the mortgage commenced subsequent to the action for partition, where, upon the calling of the foreclosure action for trial, all parties agree that whatever is done in the matter of the partition should be subordinated to the mortgagee’s right of foreclosure.

Id.—Partition—Determination of -Questions of Title—Jurisdiction. In an action for partition, the rights of adverse occupants may be put in issue, tried, and determined.

Id.—Wife’s Interest in Mortgaged Property—Appeal from Judgment—Presumption.—Where in an action for the foreclosure of a mortgage executed by a husband and wife upon property acquired by them in both of their names as grantees, the husband contended that the wife took no title, and that a deed made by her of her claimed undivided one-half interest in the property to a third party was void, it will be presumed on appeal, where findings were waived, in support of the judgment, that the court held that the presumption in favor of the wife’s title declared by section 164 of the Civil Code was not overcome by evidence, and whether overcome or not, that the purchaser of her interest was a purchaser in good faith and for a valuable consideration.

Id.—Declaration of Homestead by Wife—Attack Upon Validity— Right of Purchaser from Wife.—Where the husband introduced in evidence a declaration of homestead made by the wife upon the property for the purpose of establishing his claim that the property was community property by reason of the recitals made by her therein to that effect, the purchaser of her interest, although the declaration was not mentioned in any of the pleadings, may show its invalidity.

Id.—Appeal—Exceptions to Testimony—When Review Unnecessary.—An exception to the admission of testimony referred to in a brief without comment need not be considered by the appellate court.