Pleading—Amendment oe Complaint—Waiver oe Error.—Where an amended complaint is filed after the action of the court in striking out portions of the original complaint, the error, if any, in the order striking out, is thereby waived.

Id.—Amended Complaint—Superseding Original.—An original complaint is superseded by the amended, and thenceforth fills no office as a pleading, except as evidence of the date at which suit is brought and for a few other purposes.

Id.—Homestead Upon Community Property—Succession.—A homestead declared upon community property becomes, upon the death of the husband, the sole property of the surviving wife, and the heirs at law of the deceased husband acquire no interest in it by succession.

Id.—Mortgage Upon Homestead—Personal Contract of Mortgagee Wit'S Wife and Children—Defense to Foreclosure.—Where the mortgagee of community property upon which a homestead has been declared induces the wife to unite in the execution of the mortgage, by a promise that in the event of any action to foreclose and sell the mortgaged premises, he would set apart and convey to the wife and her children a quantity of land of a specified value, to he secured and conveyed as a homestead for their benefit either out of the mortgaged premises or elsewhere in a specified locality, without incorporating the agreement in the mortgage, such promise is personal to the wife and her children, and creates no lien in their favor upon the mortgaged premises, and constitutes no defense to an action to foreclose the mortgage, hut gives only a right of action at law for its breach.

Id.—Parties to Foreclosure.—Heirs at law of the mortgagor are not necessary parties to an action to foreclose a mortgage.

Id.—Fraud—Relief Against Decree.—To entitle the defendant to relief against a decree on the ground/>f fraud it must appear that he had a good defense on the merits, and that such defense had been lost to him without fault on his part.

Id.—Vacation of Foreclosure Decree—Representations by Mortgagee to Widow and Children.—Representations by such mortgagee, made to the administrator of the deceased husband and to the attorneys appointed to represent the children, that there was no defense to the action to foreclose the mortgage, whereby they were prevented from setting up the agreement in the foreclosure proceeding, do not constitute fraud upon the part of the mortgagee, and do not entitle the children to set aside the foreclosure decree.

Id.—Bill to Redeem.—The title to the homestead having vested in the mother upon the death of the father, no equity of redemption vested in the children, and they cannot maintain a hill to redeem from the mortgagee after he has obtained title under the foreclosure sale.

Id.—Statutory Bar of Redemption.—The statutory right to redeem from a foreclosure sale possessed by parties to the action is restricted to the six months provided by the statute; and the provisions of section 346 of the Code of Civil Procedure, allowing an action to redeem from a mortgage, unless there has ueen an adverse possession for five years, applies only to cases where there has been no foreclosure of the mortgage and equity of redemption; and no such right remains after the expiration of the six months from the sale under foreclosure, except where some fraud has intervened rendering the decree and sales voidable.