Taylor

There are three appeals in this case: First, from an order denying defendants’ motion “to set aside and vacate the sale of the mortgaged premises de *727 scribed in plaintiffs’ complaint” (this motion is made on the ground that on a former appeal of the case to this court [ 128 Cal. 411 , 60 Pac. 1034 ] the judgment of foreclosure was modified by directing a different sale from that provided in the original judgment, namely, a separate sale of the real and personal property); second, from the modified judgment ; and, third, from the order granting plaintiffs’ motion for a writ of assistance. By stipulation the three appeals are included in, and to be heard upon, one transcript.

The original decree of foreclosure was entered February 27, 1899, and sale thereunder was ordered to be made by a commissioner named in the decree May 24, 1899, and he made the sale on July 1, 1899, in accordance with the order, and on July 3, 1900, he executed and delivered his deed to plaintiffs, as purchasers at the sale. It does not appear at what date the first appeal was taken, but it does' appear that no stay bond was given, and hence there was nothing to prevent the sale from taking place. On the…