Lyndon

This is an appeal from the judgment of the superior court in a mandamus case commenced therein. The purpose of the proceeding was to compel the defendant, as sheriff, to execute a conveyance of certain property sold by him to plaintiff’s assignor under a decree of foreclosure and sale. The court below ordered the mandate to issue as prayed for, and the appellant appeals from the judgment. The appellant contends that the sheriff properly refused to execute the deed because re *519 demption from tlic sale had been made by one Herman Levy. This contention cannot be maintained, and the judgment must be affirmed upon the authority of Black v. Gerichten, 58 Cal. 56 .

The only facts necessary to be stated are these: An action was brought to foreclose a mortgage upon the land in question, and the said Levy, who was a junior mortgagee, was made a party to the foreclosure suit; Levy, by a cross-complaint, set up his junior mortgage, and prayed for a foreclosure of his mortgage and sale of the premises; the court decreed a foreclosure of both mortgages and a sale under them; the proceeds of the sale were merely sufficient to pay the senior mortgage; and Levy had-a judgment docketed, but did…