Gould

Action to foreclose a mortgage executed by defendant Adams to plaintiff’s testatrix, in which John Wise was made a party defendant on the ground that he had a mortgage on the same land alleged to be subsequent and subject to that of plaintiff. Wise-answered, and also filed a cross-complaint claiming that his mortgage was prior and superior to that of plaintiff' and praying that it be foreclosed as such. On the first, trial of the cause the plaintiff prevailed and the defendant appealed. This court reversed the judgment and remanded the cause for a new trial. (Gould v. Wise, 97 Cal. 532 .) Upon the new trial the mortgage of defendant Wise was adjudged to be prior and superior to that of the plaintiff and ordered to be first satisfied from the-proceeds of the foreclosure sale. From this judgment, the plaintiff brings this appeal on the judgment-roll,, containing a bill of exceptions as to matters of both law and fact.

On the former appeal the judgment was reversed on a-state of facts fully set forth in the opinion of the court by Mr. Justice Garoutte. On the new trial the lower court again found the same facts, and nothing inconsistent with nor in avoidance of them. If these…