Taylor

—Upon a former appeal this case was remanded, with directions to modify the judgment by adjudicating separately the amounts separately secured by the real estate and personal property mortgages, and by ordering separate sales for the purpose of a proper application of the proceeds, and by deducting a certain sum erroneously found due on account of insurance. (Taylor v. Ellenberger, 128 Cal. 411 .)

The present appeals are,— 1. From an order denying defendant’s motion to set aside the sale of the real property, which had been duly made in pursuance of the original decree; 2. From the judgment as modified; and 3. From an order for a writ of assistance.

There was no error in refusing to vacate the sale of the real property, which had been regularly made in pursuance of the decree. Nor was there any error in issuing the writ of assistance to place the purchaser at the foreclosure sale in possession of the mortgaged premises after the time for redemption had expired. Those orders are therefore affirmed.

But the modified judgment is erroneous and excessive. Instead of making a proper apportionment of the amounts separately due on the different mortgages at the date of the original…