Fitzgerald v. Fernandez

Searls, C.

This is an action to set aside and annul a decree of foreclosure against the plaintiff herein, to vacate an order of sale issued under such decree, and to enjoin D. P. Mahan, the sheriff of Contra Costa County, and Bernardo Fernandez, the other defendant, from making a sale of the mortgage premises, or from enforcing the judgment of foreclosure, upon the ground that the mortgaged property is the homestead of plaintiff.

Defendants had judgment, from which, and from an order denying a new trial, the appeal is prosecuted by the plaintiff.

There is no statement or bill of exceptions, and…