Brooks

This is an appeal by defendants from an order of the trial court refusing to vacate a default judgment and also an appeal from the judgment.

On October 29, 1919, the defendants, for value received, made, executed, and delivered to one W. J. Knapp their promissory note for the sum of twenty-five thousand dollars, due one year after date, with interest at the rate of twelve per cent per annum, and secured by an assignment of whatever interest defendant had “as heir at law or legatee in the estate of Adam Ott, deceased.” The note was not paid, and on October 29, 1924, the plaintiff, as executor of the last will and testament of W. J. Knapp, deceased, commenced this action in the superior court of Los Angeles County to collect all sums due under and by virtue of said note. The summons was issued and personally served upon both defendants in Los Angeles County on November 6, 1924. Neither of the defendants appeared in the action within the time allowed by law and their default was regularly entered by the clerk on the 29th of November, 1924. On Febrúary 5, 1925,. the defendants made a motion to vacate the default. This motion was denied by the court on February 11, 1925. The record…