Joost

This action was brought for the purpose of obtaining a judgment setting aside and declaring void a foreclosure sale of the property involved in the action, and restoring the plaintiff to his position and rights as they existed prior to the judgment upon which such foreclosure sale was had.

The facts of the case disclosed by the record are as follows: On December 30, 1893, one Henry M. G. Dahler was the holder of the record title to certain property in San Francisco embracing a number of lots and covering about five acres, of which property he was however in fact the owner of only an undivided one-third, the remaining two-thirds thereof being held by him in trust, one-third for Marten B. Joost, the plaintiff herein, and the other one-third in trust for Maurice Dore, Sr. While the title and ownership of this property stood in this way Dahler mortgaged the whole property to the German Savings & Loan Society, and subsequently thereto conveyed to Maurice Dore, Sr., his undivided one-third interest in the property excepting a certain lot known as the Spring lot. Thereafter Maurice Dore, Sr., died intestate, leaving as his sole heirs his daughters Helen and Charlotte B. Dore, and his…