Wise

The judgment in this case was affirmed on December 26, 1888. A rehearing was afterward granted, and the case has been reargued and submitted.

The reargument and reconsideration of questions involved have convinced us that the conclusion reached on the former hearing is correct, and the judgment is affirmed, for the reasons stated in the opinion herein, filed December 26,1888.

The following is the opinion above referred to rendered in Bank on the 26th of December, 1888:—

Walker and Menzies, the defendants in this action, held a first mortgage executed by one Buffandeau upon a certain parcel of land in the city of San Francisco. John H. Wise, the plaintiff here, and one *12 Denigan held a second mortgage upon the same property.

Walker and Menzies brought a foreclosure suit, and made Wise and Denigan parties defendant. While that suit was pending, and after service upon him of summons, Wise, under a bankrupt sale, bought whatever "title Buffandeau had. Walker and Menzies recovered judgment, had a foreclosure of the mortgage, the property was sold under the decree therein rendered, and a sheriff’s deed was executed and delivered to them.

After judgment, but before the sale under…