Fox

Writ of assistance. Bank of Napa is the holder of a commissioner’s deed under a foreclosure sale in the above-entitled action. The foreclosure suit was commenced June 16, 1899, and lis pendens duly recorded on that day. One of the defendants named in the complaint as claiming some interest in the property was Mrs. M. Quinn. The complaint alleged that since the month of December, 1898, Mrs. M. Quinn has been, and now is, in possession of the premises. Return of summons was made showing service on Mrs. M. Quinn. The decree of foreclosure was d :1> made and ^iven on April 24, 1901, and recites that all the defendants made default, and that their default was duly and regularly entered. In the decree one of the defendants was described as Mrs. A. M. Quinn (the only one of the name of Quinn mentioned). Mrs. A. M. Quinn, on May 16, 1901, appealed the case to the supreme court. Thereafter, and pending the appeal, Mrs. A. M. Quinn conveyed the premises to one g. P. Lunt, who leased to appellant, M. R. Lunt. Thereafter Mrs. Quinn died, and S. P. Lunt, on application, was substituted in her place and stead. (Fay v. Stubenrauch, 138 Cal. 656 , [ 72 Pac. 156 ].) While the appeal was pending in…