White

The complaint, which contains only the usual allegations, essential for that purpose, prays the foreclosure of a mortgage, given on May 5, 1916, by decedent to respondent, during their marriage, as security for the payment weekly of specified sums, in full settlement of all her claims and demands against him and his estate. The answer, among other defenses, pleads as a bar to recovery a final decree granted on September 27, 1928, in a prior action between the same parties, adjudging that title in fee simple to the mortgaged premises was vested in decedent’s heirs, subject to administration; that all claims of respondent therein were invalid, and that respondent be estopped from asserting any claim thereto. On this issue the trial court found “that that certain action No. 235,394 in the above entitled Superior Court, wherein Genevieve H. White was plaintiff and Charles Lantz as Administrator of the Estate of Walter I. Wilson, deceased, was defendant, (1) which said action was brought for the purpose of quieting title to the property described in plaintiff’s mortgage, (2) is not a bar to plaintiff’s action to foreclose her said mortgage, (3) that said mortgage was not mentioned in…