Hoppe

Application for a writ of supersedeas.

The above-named plaintiffs, claiming to be the owners of an undivided interest in certain lands, brought an action in partition against the defendants, Julia Hoppe and W. A. Fountain, alleging that the latter held a mortgage upon the land, exe *537 cuted to him by his co-defendant Julia. Fountain also brought an action against Julia to foreclose his mortgage, and thereafter, by an order of court, the two actions were consolidated. The court sustained defendant’s demurrer to the claim of the petitioners for the partition of the laud, and rendered judgment in his favor against Julia for a foreclosure of his mortgage and a sale of the lands. This judgment does not refer to the claim for partition, but is limited to the claim on the mortgage, and it does not appear that the determination of the court upon the partition claim has passed into a judgment. From this judgment separate appeals have been taken, one by the petitioners herein, and one by the defendant Julia.'

By the terms of the judgment appealed from, a receiver is appointed who is directed to make sale of the mortgaged premises, and out of the proceeds of said sale to pay the amount…