Yndart

Appeal from an order modifying the judg *86 ment herein, but refusing to set aside a sale made under the original judgment and restore the property so sold.

The action was for foreclosure of mortgage, in which judgment was entered May 14, 1895. On June 8, 1895, the mortgaged premises were sold, and on the same day the sheriff made return of full satisfaction of the judgment, and on December 10, 1895, his deed was made to the plaintiff as purchaser. On December 7, 1895, the day before the time for redemption had expired, defendants appealed from the judgment of foreclosure to this court; its decision was rendered April 33, 1897, and is reported in Yndart v. Den, 116 Cal. 533 ; 58 Am. St. Rep. 200 . The judgment here was that the original decree included interest in excess of that which should be allowed, and the cause was remanded, with directions to modify the decree in this particular “as of the date when the judgment appealed from was entered; and when thus modified and entered the decree will stand affirmed.” Remittitur was filed in the lower court May 36, 1897. Thereupon defendants served notice that they would, on June 4, 1897, move the court to modify said decree, as…