I concur in the judgment on the ground that the petitioner would not be affected by a new trial of the issues raised between the plaintiff in the foreclosure suit and Hoyt, and that this being so, he is not in a position to seek a writ of prohibition against the *Page 599 trial of such issues. He is beneficially interested in prohibiting the trial of other issues, and therefore it is properly ordered that a writ issue to prohibit any such trial.