[1] Mortgages—Foreclosure—Deficiency Judgment—Satisfaction— Presumption from ¡Record.—Where the decree in an action to foreclose a mortgage contains a provision for the docketing of a deficiency judgment, but the record on appeal from an order setting aside such decree and annulling a sale made under it is silent with reference to the entry of a deficiency judgment following such sale, the presumption is that the proceeds from the sale of the mortgaged property satisfied the judgment.

[2] Id.—Effect of Satisfaction on Judgment.—In an action to foreclose a mortgage, satisfaction of the judgment renders) the judg-. ment conclusive, subject to the power of a court of equity to set it aside in a separate suit for fraud or mistake, or to vacate it on motion within the period limited by section 473 of the Code of Civil Procedure.

[3] Id.—Vacation of Decree—Want of Notice—Void Order.—An order setting aside a decree of foreclosure, annulling a sale made under it, and permitting the plaintiff to file an amended complaint to reform the mortgage for mistake, is void, where made without notice to the adverse parties, notwithstanding such order is made on motion under section 473 of the Code of Civil Procedure, and within the time limited by that section.

[4] Id.—Setting Aside Judgment—Questions to be Considered.— Where a judgment is sought to be set aside, the question is not whether the judgment was right or wrong, but whether it was a valid and final judgment.

[5] Id.—Discretion of Trial -Court—Review by Appellate Court.— While section 473 of the -Code of Civil Procedure is to be liberally construed, and much is left to the discretion of the lower court in regard to the granting of relief under it, when it appears that the lower court has been led into error in setting aside a judgment, and substantial rights of parties have been taken from them without notice and upon an insufficient showing, the appellate court cannot evade its clear duty to cause the parties to be restored to their original positions in regard to the judgment.

[6] Id.—Order Setting Aside Decree of Foreclosure—Insufficient Affidavit by Attorney.—An affidavit by the attorney for the plaintiff is not sufficient to justify an order -setting aside a decree of foreclosure, annulling a sale made under it, and permitting the plaintiff to file an amended complaint to reform the mortgage for mistake as to the description of the property, if it does not ¡state why it is not made by the plaintiff, nor that the attorney is familiar with the facts and that he believes or has advised his client that he has either a meritorious cause of action or grounds for setting aside the decree and the sale made under it, and there is no ‘ statement to explain why the mistake was not discovered before the plaintiff commenced the suit in which he proved the mortgage of the lot described in it, and sold under the decree, none to show that the judgment was not fully satisfied from the proceeds of the sale of the lot described in the mortgage, and none concerning what other property was sought to be subjected to the lien of the five year old mortgage, nor what new parties and intervening rights might be affected by the correction of the alleged mistake.

[7] Id.—Necessity fob. Affidavit of Mesíts.—Where the judgment is regular on its face, an affidavit of merits is indispensable as a basis of a motion to set it aside on the ground of mistake.

[8] Id.—Basis for Order—Recital of Evidence—Presumptions.— Where the record on appeal shows that the order o'f the trial court setting aside a decree of foreclosure was made upon specific evidence, the appellate court cannot presume that such order was made upon some other evidence which might have been before the trial court.

[9] Id.—Setting Aside of Default—Inadvertence.—Inadvertence in .the abstract is no plea upon which to set aside a default, but, the court must be made acquainted with the reasons for the inadvertence and, if satisfactory, will act upon them and relieve from the burdens caused by them; but, if the inadvertence is wholly inexcusable, as if it arises from gross negligehee, the court will; not look upon it kindly and will have none of it.