Hutton

This action was instituted by the plaintiff to quiet her title to certain real property situate in the county of Los Angeles. The court found the allegations of the complaint to be true and entered judgment as prayed for. From this judgment the defendants prosecuted their appeal.

It appears that a mortgage had been executed upon the said real property at a time prior to the commencement of this action to quiet title which is based in part upon respondent’s asserted redemption of the property after foreclosure sale. The foreclosure sale was conducted by an elisor regularly appointed by the superior court wherein the foreclosure proceedings had been litigated. In this connection the court in this action found, among other things, that “it is true that prior to the expiration of the time for redemption the plaintiff herein became seized and possessed of the title to said real estate and was desirous of redeeming said real estate from the lien of said mortgage and the said judgment and decree and the said sale. That she was ignorant of and not informed of the appointment of said Garroway as elisor and did not know that a sale had been made by him as elisor and did, on the 25th day of…