Cochran

This is an appeal by one Frank C. Clark from an order denying Ms motion to vacate the judgment entered in favor of plaintiff in the above-entitled action, to set aside the default and appearance of defendant Cochran, and to dismiss the action.

The action was instituted by plaintiff on November 19, 1898, to foreclose the lien of two mortgages executed to it by defendant Cochran, against Cochran and defendant Metzger, a junior mortgagee. Notice of Ms pendens was regularly recorded on the same day. „ Cochran had on September 1, 1898, conveyed the property covered by the mortgages to one Sehnaittacher, but the deed to him was not placed of record until June 14, 1900, and, so far as appears, the fact of such conveyance was unknown to plaintiff. On June 14, 1900, Sehnaittacher conveyed the property to appellant, who placed his deed of record on the same day. Neither Sehnaittacher nor appellant was ever made a party to the action or applied to be made such.

Summons was duly issued in the action, and on November 22, 1898, returned unserved on Cochran. No alias summons was issued, but on July 23, 1900, Cochran voluntarily filed his written appearance.

Thereupon, on August 29, 1900,…