Bristol

Appeal by plaintiff from a judgment of the superior court of Los Angeles county in favor of defendant rendered upon a hearing sustaining the demurrer to the second amended complaint without leave to amend.

It appears from the second amended complaint that on August 1, 1902, defendant Hershey obtained a decree foreclosing a first mortgage executed by plaintiff on certain real estate, in which proceeding one Wills, the holder of a junior mortgage, was made a party, but to whom no affirmative relief was granted by the decree; that under this decree, on September 24, 1902, the premises were sold to Hershey for the full amount found due, together with accrued interest and costs; that the certificate of sale issued to Hershey was defective in that the premises sold were incorrectly described; that in such form the certificate was recorded in the recorder’s office of Los Angeles county, but not indexed; that subsequently the certificate was corrected, but the record thereof was not altered; that afterward, in December, 1902, Wills, the holder of the junior mortgage, brought an independent action against plaintiff in foreclosure, and such proceedings were had that on February 12, 1903,…