Christerson

This appeal is by the plaintiff from a judgment of dismissal following an order of the trial court sustaining a demurrer without leave to amend. The record discloses the following situation: The defendants’ predecessor, French, was the owner of the real estate described in the complaint for some time prior to the year 1915 and up to the time of his death; in 1914 he mortgaged the property described in the complaint to Chapin for $5,000; in 1915 the plaintiff procured and docketed in the proper county a judgment against French for $5,800. More that six months after the judgment was entered the superior court set aside the judgment, and from such order setting aside the judgment plaintiff appealed. The order was reversed upon the ground that it had been erroneously made, and the rcmittitm was filed in August, 1919, the supreme court declaring that said judgment shall be in full force and effect as though the same had never been disturbed, and further declaring that said judgment be reentered nunc pro tunc as of August 4, 1915. Pending the appeal the defendant French died and in 1917 Chapin, the mortgagee above named, brought suit on the mortgage, procured a judgment of foreclosure…