Appeal—New Method—Notice Need not be Addressed to Adverse Parties.-—Where a notice of appeal is filed within the time limited by the new and alternative method of appeal provided by section . 941b of the 'Code of Civil Procedure, the failure to address the notice to all of the adverse parties, or any of them, did not affect the validity of the appeal.

Id.—New Trial—Notice ot Intention—Service must be had on Adverse Parties.—In the absence of service on the adverse party of notice of intention to move for a new trial, the lower court has no authority to grant such motion. An “adverse party” is one whose interest in the subject matter of the motion is adverse to or will "be affected by the granting of the motion or changing the former decision of the court.

Id.—Want of Service—Defect not Cured by Voluntary Appearance. The voluntary appearance of unserved adverse parties and their consent to the hearing of the motion, given after the expiration of the time to serve notice of intention, could not cure the want of service. The court itself had no authority to relieve the moving parties from the consequences of their failure to serve notice in time, as its jurisdiction of the motion depended on timely service and filing of the notice.

Id.—Motion to Enter Different Judgment.—The foregoing rules as to service of notice on adverse parties are applicable to motions for the entry of a different judgment.

Id.—Appeal from Judgment—-Consideration of Bill of Exceptions.— A bill of exceptions on an appeal from a judgment, even though not served upon certain adverse parties, may be considered, and the judgment modified in so far as such modification may be ordered without impairing the rights of the parties not served.

Id.—Settlement of Bill—Belief from Default in Service—Delay Cured by Consent.—Opposition to the settlement of a bill of exceptions for failure of timely service is -a “proceeding against a party,” and the trial court may relieve the defaulting party under section 473 of the Code of Civil Procedure; and as jurisdiction of the subject matter does not depend on prompt service, the delay in service may be cured by the voluntary consent and waiver of the parties not served.

Id.—Record on Appeal from Judgment—Bills of Exceptions.—On an appeal from a judgment, the record includes any bill of exceptions in the case upon which the appellant relies, and consequently a supplemental bill, showing a waiver of service of a main bill of exception used on a motion for a new trial, may be considered.

Equitable Jurisdiction—Decree Operating in Personam—Property Without Jurisdiction of Court.—A court of equity, having acquired jurisdiction of the parties, may by a decree operating on them in persmufm control their actions with regard to properties situated without the jurisdiction, when such action is necessary for a complete disposition of the controversy before the court.

In.—Foreclosure of Entire Property of Water System — Portion Situated in Foreign Country.—This rule is applicable to an action to foreclose a mortgage deed of trust on a canal system situated ; partly in the republic of Mexico and partly in the state of California, where such system was essentially a single and indivisible entity, and it was the intention of all the parties in interest to ! subject the entire system to the lien of the bonds issued under the deed of trust.

Id.—Equitable Lien on Property in Foreign State—Construction of Deed of Trust and Mortgage.—While the deed of trust to foreclose which this action was brought did not in terms purport to convey to the trustee as security for the bonds t'o be issued thereunder the legal title to the Mexican properties forming an integral part of the canal system in question, its provisions, together with the provisions of a mortgage executed by a Mexican corporation, a subsidiary of the trustor and the holder of the legal title to such Mexican properties, show that the trustee, as security for such bonds, obtained an equitable lien upon all of such Mexican properties.

Id.—Intention to Create Equitable Lien—Foreign Mortgage Invalid for Nonregistration.—The intention of the parties is the paramount factor in determining whether or not an equitable lien has been created, and the mortgage of the Mexican properties is available as evidence of such intention, notwithstanding it was not effective under the laws of Mexico as a legal conveyance or charge, for the reason that it was not registered.

Id.—Equitable Lien, When Created.—Every express executory agreement in writing, whereby the contracting party sufficiently indicates an intention to make some particular property, real or personal, or fund, therein described or identified, a security for a debt or other obligation, tif whereby the party promises to convey or assign or transfer the property as security, creates an equitable lien upon the property so indicated, which is enforceable against the property in the hands not only of the original contractor, but of his heirs, administrators, executors, voluntary assignees, and purchasers or encumbrancers with notice.

Id.—Mortgage of Beal and Personal Property Constituting an Entirety—Foreclosure Sale—No Bight of Bedemption.-—Where a mortgage covers real and personal property, comprising parts of a single working plant or utility, in which each part is necessary to give value to the others, and where a dismemberment of the system would destroy or greatly impair the usefulness or value of its component parts, it is proper, in the foreclosure decree, to direct a sale of all the properties, both real and personal, as an entirety and without right of redemption. The statute giving a right of redemption upon execution sales of real property has no application to suc-h eases.

Id.—Execution Sale of Extensive Irrigation System—No Bight of Bedemption Exists.—Such rule is not limited to the execution sales of the property of railroads or public service corporations, and is applicable to the sale of the properties of a corporation operating a very extensive irrigation system for the distribution of water, although it was not engaged in the administration of a public use.

Id.—Corporations — Insolvency—Debtor Having Actual Control— Fiduciary Eelation—Cannot Obtain Advantage Over Other Creditors.—A creditor of an insolvent debtor corporation, having secured and exercising an actual control of the debtor through the control of its directorate and the management of its business, oecupies a fiduciary relation to the debtor and its stockholders and creditors, and in his dealings with the corporation is subject at least to the restrictions which are imposed on a director, and cannot secure to himself any advantage or preference over other creditors.

Id.—Transfer to Creditors by Means of Collusive Judgments.—Such a creditor cannot employ its control of the debtor corporation so as to have the property of the debtor transferred to himself or his agent through the means of a collusive judgment, to the detriment of bondholders having a prior equitable lien on the property, of which the creditor had notice.

Id.—Collusive Foreign Judgments—Power of -California Courts to Go Behind at Instance of Defrauded Creditors.—In an action in equity instituted in California, to subject to the equitable lien of such bondholders property of the debtor in Mexico which such creditor had acquired through the means of collusive judgments of a Mexican court, the court, having jurisdiction of all the parties, and acting -w. personam, may go behind the Mexican proceedings and compel the creditor seeking to benefit by them to make an equitable application of the assets so improperly acquired. Such Mexican judgments may be attacked as fraudulent without a showing that the claims upon which they were rendered were not meritorious.

Id.—Consent Decree—Execution Sale Under a Voluntary Transfer. An execution sale under a consent judgment, where the consent is, in effect, not the act of the defendant but that of the plaintiff prosecuting the action, is in reality merely a voluntary transfer.

Id.—Foreclosure of Equitable Lien—Adverse Title—Title Acquired by Distinct Corporation Under Collusive Judgment.—The fact that such creditor took title to the Mexican property so eollusively acquired in the name of a distinct corporation organized for that purpose does not render the title of that corporation adverse, so as to prevent its adjudication in the suit to foreclose the prior equitable lien of the bondholders.

Id.—Title Acquired in Fraud of Mortgagee.—The court is not precluded from considering adverse claims in a foreclosure suit, where it is charged that the alleged adverse claim was acquired fraudulently and for the purpose of defeating the rights of the mortgagee.

Id.—'Creditor’s Bill—Acquisition of Equitable Lien.—-A judgment creditor, by filing a bill to subject assets of the judgment debtor to the payment of his judgment, acquires an equitable lien upon the debtor’s properties therein described.

Id.—Transfer in Fraud of Creditors—Fraudulent Intent—Attack by Creditors.—A transfer made with intent to defraud any creditor of his demands is void against all creditors of the debtor. The question of fraudulent intent is one of fact and not of law, and if that intent is made out, it is not necessary to show that the debtor was insolvent at the time. Such a transfer may be good as against the transferrer and yet void as against its creditors, and the latter cannot, by a judicial proceeding to which they were not parties, be deprived of the right to attack it as fraudulent.

Id.—Attachment of Corporate Property by Director—Adverse Action—Priority Against Subsequent Lienors.—A director of a corporation, or one occupying a similar fiduciary relation, who is also a creditor, is not precluded from enforcing the rights which he would have if he occupied the status of creditor alone. He may bring an adversary action against the corporation, and levy an attachment thereon, and avail himself of the rights of priority secured by the attachment as against subsequent lienors.

Id.—Fraudulent Attachment—Subsequent Lienors may Show.—The subsequent lienors may attack such an attachment for actual fraud in its creation, and the right to. attack it is not impaired by the judgment recovered by the attaching creditor.

Id.—Attachment of Insolvent Debtor'— Securing Preference.—A creditor has a right to levy an attachment upon property of his debtor even though he knows his debtor to be insolvent and levies the attachment for the purpose of securing thereby a preference over other creditors, and also for the purpose of strengthening a title claimed under a previous defective conveyance.

Id.—Attachment Cannot be Attacked for Mere Irregularities— False Statement in Affidavit.—Where there was, in the beginning of an attachment suit, or in the obtaining of the attachment, no fraudulent invasion of the rights of a subsequent lienor, the latter cannot question the sufficiency of the attachment lien on the ground that the affidavit for attachment was false in alleging that it was not sought nor the action instituted for the purpose of hindering, defrauding or delaying any creditor of the attachment debtor.

Id.—Attachment Against Nonresident Defendants — Immaterial Averment That Claim is Unsecured.—Under section 537 of the Code of Civil Procedure, the limitation of the right of attachment to actions upon unsecured contracts applies only where the defendants reside in this state, and in an action against a nonresident, where the affidavit for attachment shows the fact of nonresidence, it is immaterial to the validity of the attachment that the affidavit falsely states that the claim sued on is unsecured.

Id.—Laches of Attaching Creditor—Delay in Asserting Eight.—• In an action of foreclosure, involving the relative rights in the mortgaged property of a prior attaching creditor and a subsequent judgment creditor of the mortgagor, the delay of the former in asserting his rights under the attachment for two years after its levy is not such laches as to render it inequitable for him to claim a priority of lien against the judgment creditor, where such delay in no way operated to the prejudice of the rights of the latter.

Id.—Foreclosure Against Subordinate Lienors—Sale of Mortgaged Property as a Whole.-—In an action to foreclose the prior lien of bondholders under a deed of trust covering real and personal property constituting an entire irrigation system, the fact that certain of the defendants have subordinate liens on portions of the mortgaged property, with rights of priority therein as between themselves, does not impair the right of the bondholders to have the property sold as a whole.

Id.—Bights of Subordinate Lienors Against Portions of Property— Preservation of Bight of Priority in Proceeds of Sale—Appraisement of Property by Trial Court.—In such a case, for the purpose of preserving the relative rights of priority of the subordinate lienors in the proceeds of the sale, the decree should direct a sale of the property as a whole, and an appraisement should be had, under the direction of the trial court, of the proportionate values of the portions of the property affected by the subordinate liens and the remainder of the mortgaged property, to the end that the surplus proceeds, after paying the prior claims of the bondholders, may be apportioned between the subordinate lienors in proportion to the value of the parts of the entire property upon which they are respectively entitled to priority.

Id.—Time of Making Appraisement—Discretion of Trial Court.— Whether the sale should precede or follow such determination of the values of the parts of the property in which the subordinate lienors are, respectively, entitled to priority, is a question to be answered in the first instance by the trial court, and determined by it in the exercise of a sound discretion after a consideration of all the equities involved.

Id.—Involuntary Trustee—Beimbursement for Advances.—An involuntary trustee, who becomes such through his own fault, is not entitled to reimbursement for advances made and devoted to the preservation of the trust property.

Evidence-—Privileged -Communications—Placing Letters in Hands of Strangers.—Where written communications, originally of a privileged character, are voluntarily given into the hands of third persons, the privilege attaching thereto is waived.

Id.—Letter from Attorney to Attorney of Beceiver.—-A letter written by the general counsel of one of the subordinate lienors to the attorney for the receiver of the mortgaged property, who was not acting for the lienor, is not privileged.