McGinn

Appeal from order setting aside the default of respondent Heisler and permitting the filing of an answer to the merits of the action, from which order plaintiff appeals.

The action was brought to foreclose a mortgage executed by defendant McGinn on June 27, 1894, to secure certain promissory notes and interest coupons attached. The complaint, which was filed Jub, 5, 1905, averred that all of the defendants other than the mortgagor, including respondent, claimed some interest in the premises as purchaser, etc., but that the same were subordinate to the said mortgage. Further, that all of said defendants are nonresidents and none of them have been within the state of California since the execution and" recordation of such mortgage. An affidavit to obtain an order for publication of summons was filed, in which it was averred that respondent was a resident of Cook county, Illinois, and that her postoffice address is Chicago, in said county. An order for publication was made and the summons duly published. An affidavit showing that a copy of the complaint and summons was mailed to the respondent at Chicago, Illinois, was also filed. Thereupon, on November 9, 1905, the clerk entered…