McCarthy

This is an appeal from a judgment of foreclosure of a first mortgage on certain real property situate in San Francisco. Judgment was entered decreeing foreclosure and sale of the said realty.

The appeal is from the judgment, by defendant J. M. Urrutia, a second mortgagee. Review is herein sought of said judgment and certain orders and rulings made by the trial court.

The following facts appear from the record: On J anua ry 15, 1921, A. F. Rousseau was the owner of the real property described in the complaint, known as the Kenilworth Apartments, located in San Francisco; and on that date leased the same to one Mrs. E. F. Gorman for five years at a rental of. $1,325 per month, and to secure said rental took a chattel mortgage covering her furniture. On January 18, 1921, defendant Rousseau mortgaged said realty for the sum of $100,000 to the Banco Popolare Fugazi, and as further security for the payment of this debt Rousseau pledged to the mortgagee certain Liberty and Victory bonds of the face value of $30,000, said mortgage being a first lien on said realty and bonds. The note secured by said mortgage contained the following clause: “This note is secured by a mortgage bearing…