Sullivan

This is an application for a writ of mandate and prohibition against the judge of the superior court, county clerk, and sheriff of the county of Mendocino to secure the petitioner in the execution of a writ of assistance to place him in possession of certain real property which he claims under a commissioner’s deed in a sale under foreclosure of mortgage.

All of the facts preliminary to a consideration of petitioner’s rights in the premises are determined by the decree in foreclosure.

This decree was obtained in proceedings duly had giving the court jurisdiction of the persons of the defendants and subject matter of the action in the case of First Federal Trust Company, a Corporation, as Plaintiff, v. Leslie B. McMurtry, Alice A. MeMurtry, Mortgagors, B. P. Noonan and Standard Livestock Company, holding a leasehold interest in the premises, subject to plaintiff’s mortgage, and other defendants holding liens against the premises, subsequent to and subject to the plaintiff’s mortgage and to said leasehold interest. It is the rights of the purchaser at foreclosure sale, under the decree, as against the lessees that are here involved. It was adjudged and determined by the decree…