Baker

On application made by petitioners, the alternative writ' of mandamus issued, to which respondents have replied by demurrer and by answer. In substance- the facts as shown by the pleadings - are in agreement, and the cause may now be determined on the merits.

On the thirty-first day of August, 1925, one Austin and his wife, owners of a piece of real property in the city of Los Angeles, mortgaged the same to Isabel Baker; as security for a note made by one Ed McKinsey. Some time after this mortgage had been recorded, the' Austins conveyed- said real property to Marjorie McKinsey, wife of said Ed McKinsey, and the deed was duly recorded. Thereafter Mrs. Baker and her husband commenced an action of foreclosure of the mortgage, naming Ed -Me-Kinsey as a defendant, but not Marjorie McKinsey. Pursuant to decree of foreclosure in. the action the property was, on December 27, 1926, sold under commissioner’s sale to the Bakers. On the first- day of February, 1927, Mrs. McKinsey made and recorded a declaration of homestead on said real property. On March 21, 1928, the Bakers instituted a second action for foreclosure of the same mortgage, this time naming both Ed and Marjorie McKinsey as…