Eustace

Appeal from a judgment rendered against plaintiff in an action brought by it for declaratory relief, and to determine title to a parcel of real property. The judgment was in favor of defendant Lotta A. Wagner and Sheriff Traeger, decreeing title in defendant Wagnep and directing the sheriff to pay to the plaintiff or other holder of the sheriff’s certificate of sale the sum of $13',-175.49, being the amount paid by defendant Wagner to the sheriff in redemption of the property from a mortgage foreclosure sale. Wagner and the sheriff were the only defend ants served or who appeared. The appeal is brought upon the judgment-roll alone.

The case was tried upon the pleadings and a stipulated set of facts which have been restated as the findings of fact of the trial court. As shown by such findings, they are in substance as follows: John M. Eustace and Katie M. Eustace, his wife, were the owners, as joint tenants, of lots 36 and 37 of Hollenbeck Park tract in Los Angeles. On March 31, 1922, they mortgaged both lots to the California Bank to secure an indebtedness of $10,000 evidenced by a three-year note. Thereafter, on October 28, 1925, the Heilman Bank, appellant’s predecessor in…