Carpentier

When the case was here on the former appeal, we decided that after Moss had acquired the title of Brenham under the foreclosure proceedings, the only right of Catharine Hayes, the junior mortgagee, was to redeem from the prior mortgage, which in a court of equity would be deemed to be a *551 subsisting ancl valid mortgage lien, for the protection of Moss and those claiming under him. ( 40 Cal. 221 .) That ruling has become the law of the case, and its correctness cannot be questioned in any subsequent stage of the action. The first point, therefore, to be considered on the present appeal is, whether this is or can be deemed to be a bill to redeem in such sense as to entitle the plaintiff to that form of relief. On its face it purports to be simply a bill to foreclose the junior mortgage. It contains no reference whatever to the prior, mortgage, nor to the proceedings had to foreclose it. It does not admit that Moss, and those holding under him, have any prior lien by mortgage, or otherwise, upon the mortgaged premises. On the contrary, the only averment in that respect is, that the defendants “have or claim some interest in the said mortgaged premises, or in some part thereof, as…