Wemple

Foreclosure of mortgage. Plaintiff had judgment from which and from the order denying their motion for a new trial, all the defendants, except the Yosemite Gold Mining Company, appeal. After the complaint, was filed, the Yosemite Gold Mining and Milling Company was made a party defendant as the grantee of the Yosemite-Gold Mining Company. The Yosemite Gold Mining Company (hereinafter referred to as defendant company) executed its mortgage to one Joseph Marsden, plaintiff’s assignor,, on October 25, 1899, which was, on October 27, 1899, duly recorded in the office of the county recorder of Tuolumnecounty. The land mortgaged embraced several mining claims, and, among them, a claim called the “Jim Blaine Mine,” also called the “Slap Jack Mine.” Defendants other than the defendant company were alleged to have or to claim some-interest in the premises. They disavowed any interest in any of the claims, except the “Slap Jack Mine,” which they averred included the same ground as the “Jim Blaine Mine.” As to this mine they averred that their title was superior and adverse to any title of the defendant company, the mortgagor, or of plaintiff; they also averred that plaintiff’s said.…