Harlan

Mr. Chief Justice Murray concurred.

Plaintiff instituted a suit against Smith, as mortgagor, and defendants, Gilmore, Torrey and Fargo, as subsequent encumbrancers, for the purpose of foreclosing- a mortgage on certain lands in Alameda county; process was duly served on all the defendants, and no answer having been filed within the time prescribed by law, on motion of plaintiff] and on production of the original note and mortgage a decree was entered. Afterwards defendants, Gilmore, Torrey and Fargo moved that the judgment be set aside, and leave be given to file an answer, which motion being overruled, an appeal is taken.

It is contended that the complaint does not state facts sufficient to constitute a cause of action against the said defendants, because the mortgage which is set out in the complaint did not contain a sufficient *174 description of the premises to give notice of plaintiff's lien; or to vest the Court with jurisdiction over the subject. This point is not well taken. The mortgage describes the premises as the “ tract of land in Santa Clara county/known as the residence of Henry C. Smith, and which was granted to him by Horner, Beard and Pico.” This defective…