Opinion
Department Two
83 Cal. 428 at 431.
Original Opinion of March 12, 1890, Reported at 83 Cal. 428.
JUDGES: Beatty, C. J. Thornton, J., Fox., J., and McFarland, J., concurred.
OPINION
BEATTY, Judge
A petition for a rehearing having been filed, the following opinion was rendered thereon on the 5th of April, 1890: -- Beatty, C. J.
It is ordered that the petition for rehearing herein be and the same is hereby denied, but the judgment of the Department No. 2 herein is modified by the addition of the following:
Provided, that nothing in this judgment or in the judgment appealed from shall be construed or held to prejudice or affect any rights of the appellants in or to the mortgaged premises derived from William M. Ord, the mortgagor and common grantor, prior to January 24, 1887, the date of plaintiff's note and mortgage, described in the complaint herein.