Wagonblast

An action of ejectment—jury waived, and facts as well as law submitted to the court.

In this case I find as matter of fact, that Hein and wife, being the owners of a portion of lot Ho. 1, in the block between 3d and 4th and K and L streets, in the city of Sacramento, executed a mortgage on the 21st day of April, 1853, to the defendant. In that mortgage the property conveyed is described as follows:

This mortgage was duly recorded on the 22d day of April, 1853. On the 24th day of September, 1853, said Hein and wife executed a mortgage of the premises in controversy to one Hoonen. The mortgage was duly recorded. Afterwards, on the 3d day of December, 1853, the said Hein and wife mortgaged the premise^ in controversy to J, J. Ohauvitau.

In May, 1855, the defendant filed a bill in this court making Hein and wife, mid Hoonen, parties, in which she alleged that the premises *266 mortgaged to her by Hein and wife, although misdescribed, were in fact the premises in controversy, praying a decree of foreclosure and sale of said premises. On the 22d day of June, 1855, decree entered accordingly. The defendant purchased and entered under this sale.

Chauvitau assigned to Wagner, and…