Estudillo

Appeal from order denying motion to set aside default and vacate judgment and decree of foreclosure.

In May, 1892, the plaintiff loaned to defendants $12,675, for which defendants gave their notes secured by mortgage. In May, 1898, the plaintiff became dissatisfied with the loan, as a large amount of interest had accumulated and remained unpaid. Defendants then employed Wilfred M. Peck as their attorney, and a series of negotiations in regard to proposed settlements followed, necessitating delays. The matters were not settled, and finally, in October, 1898, plaintiff began an action to foreclose the mortgage, and the summons was duly served upon defendants. The amount then due was over seventeen thousand dollars.

Upon the application of defendants’ attorney, various delays and extensions were granted. Finally, defendants filed a demurrer to the complaint.

On December 20, 1898, plaintiff became desirous of proceeding with the foreclosure, and after so notifying defendants’ attorneys, the following stipulation was entered into: —

Defendants’ attorney agreed that he would have a minute order entered upon the above stipulation overruling the demurrer, but by oversight, or…