Marston

This is an appeal from an order refusing to set aside a sale of real property under a decree of foreclosure of mortgages upon t ,e property.

It appears from the bill of exceptions that the property described in the mortgages and decree of foreclosure consisted of two parcels of land, known as lot D and lot I in block G of Horton’s Addition to the city of San Diego. The decree was duly rendered on the twelfth day of October, 1889, and thereafter, on the third day of March, 1890, when the sheriff of San Diego County, after due notice, was about to sell the property under an order of sale issued in pursuance of the decree, the appellant directed the sheriff, both orally and in writing, to sell the lots separately, and as to the order in which they should be sold. The sheriff offered the lots for sale separately as directed, but received no bids for either of them, and he then offered them as a whole, and they were struck off and sold to the respondent, who was the highest bidder and one of the mortgagees. A return to this effect was made on the writ, and a certificate of sale given to the purchaser.

On the 14th of Avgust, 1890, the appellant served upon the respondent her affidavit…