Wise

This was a suit for the fpreclosure of a mortgage. The trial court gave judgment for the defendants, and the plaintiffs appealed.

This is the second time the case has come before the appellate court. The former judgment, which was upon demurrer, was reversed upon the ground that the complaint was not subject to the objections taken by the demurrer; and the court held, among other things, that the allowance of a claim by an administrator, and its approval by the judge, stopped the running of the statute of limitations. (See 72 Cal. 544 .) As a matter of course, nothing that was then decided is open to question now.

The facts material to the present appeal are as follows: “ The mortgage sought to be foreclosed was made in 1877, by John Connell and Sarah, his wife, to secure the payment of a note made by the former. After the execution of the note and mortgage they declared a homestead upon the property, and subsequently the husband died, leaving an estate of less than ten thousand dollars. On the 19th of July, 1880, letters of administration were issued to the wife, and in accordance with section 1491 of the Code of Civil Procedure, she gave notice to creditors to present their…