Burnett

Action for the foreclosure of three mortgages executed to the Hibernia Savings and Loan Society by Thomas B. Deffebach and his wife, Inez Reed Deffebach. The property mortgaged was the separate estate of the wife, and the moneys obtained by the mortgages were advanced by her to discharge the personal obligations of her husband. Inez died intestate, September 15, 1883, and Thomas died intestate, June 21, 1884. The defendant Lyford is the administrator of the estate of each of the said decedents, and the defendant Judson is alleged to have some interest in the mortgaged property, subject to the lien of the mortgages. The rec *116 ord does not disclose the extent or character of this interest, but in their brief his counsel state that it is an undivided one third of the mortgaged lands, acquired by him through an execution sale upon a judgment against Thomas. (Judson v. Lyford, 84 Cal. 505 .) This interest was derived by Thomas upon the death of his wife, as the heir to one third of her estate. After the death of the mortgagors, the Hibernia bank made due presentation and proof of its claims upon the mortgages against their respective estates, which were allowed and filed, and…