Lewis

This cause was submitted to Department One, and on January 23, 1897, the following decision was rendered:

“Searls, C.—Two appeals were taken in this case— one from an order refusing to vacate the judgment and the other from an order granting a writ of assistance. Upon motion of counsel for respondent the appeal from the order refusing to vacate the judgment was dismissed. (Hibernia etc. Soc. v. Lewis, 111 Cal. 519 .) It follows that the only questions for consideration are those involved in the appeal from the order granting the writ of assistance.

“The action was brought December 1, 1892, to foreclose a mortgage executed May 26, 1891, by Anna A. Lewis and William F. Lewis (who are husband and wife) upon a city lot, situate at the southeasterly corner of Jackson and Baker streets, San Francisco, to secure the joint and several promissory note of the mortgagors, bearing even date with the mortgage, for seven thousand dollars, and payable one year after date, with interest, etc. The mortgage was duly recorded at the date of its execution. The Santa Cruz Rock Pavement Company and sundry other parties were made defendants, as subsequent lienholders, but as they are not involved in…