Bruno

The plaintiffs below appealed from a judgment of nonsuit rendered on motion of the defendants in a "suit praying the vacation of a decree of foreclosure of a mortgage upon real property.

Suit was commenced by the mortgagees against appellants for the foreclosure of a mortgage given by the latter as security for a promissory note. Thereafter a supplemental com- . plaint and alias summons were served in said suit on behalf of respondent as substituted plaintiff who had succeeded to the rights of the plaintiffs by assignment. None of the defendants having appeared, default judgment, decree of foreclosure, order of sale, and a writ of assistance followed simultaneously. There was no attempt made under the provisions of section 473 of the Code of Civil Procedure by the mortgagors, praying that the judgment be vacated and that they be permitted to answer the supplemental complaint. The grounds of this action sound in fraud and deceit, as stated in appellants’ brief, “in falsely representing to plaintiffs and their attorney that they should make no appearance . . . , and that no judgment would be taken against them, and if such judgment was taken, it would be for the plaintiffs’ benefit…