Appeal from the District Court of the Fifteenth Judicial District, County of Colusa.

This was a suit to foreclose a mortgage executed by the defendant, Tutt, upon certain premises situated in Colusa County, to secure the payment of his promissory note to the plaintiff. The note hears date on the fourth of February, 1856, and is for the sum of $6,900, payable to the plaintiff or order, one year from the seventh of March, 1856, at the banking house of D. 0. Mills & Co., at Sacramento city, with interest at the rate of three per cent, a month, to be paid at its maturity, with four hundred and twenty dollars for the use of the interest in the meantime. The mortgage bears the same date, and was duly acknowledged and recorded. The complaint sets forth the note and mortgage, and alleges the maturity and non-payment of the note, and the non-payment of any interest thereon, and that since the execution of the mortgage the defendants, Wilson, Jordan, Middlemass and Page, adminstrators of the estate of Coonce, “ have acquired, or claim to have acquired, some interest in the premises,” and are therefore made parties; and concludes with a prayer for a personal judgment against the defendant, Tutt, and for the foreclosure of the mortgage and sale of the mortgaged premises, and execution against his property for any balance of the judgment remaining unsatisfied out of the proceeds; and for general relief.

The defendants, Tutt, Jordan, Wilson and Page were personally served with summons; and the Sheriff’s certificate states that service was made on the defendant Middlemass “ by an acknowledgment from him.” Page demurred to the complaint, and his demurrer being sustained, the suit was discontinued as to him. The default of the other defendants was taken, and a personal judgment rendered against the defendant Tutt for the sum of $12,339.27, with a decree directing a sale of the mortgaged' premises, the application of the proceeds to the satisfaction of the judgment, the surplus to go to the mortgagor, and execution to issue for any deficiency, and adjudging that the defendants be barred and foreclosed of all equity of redemption in the premises from and after the delivery of the deed to the purchaser at the sale.

From this judgment and decree the appeal is taken. Pending the appeal, the defendant Tutt has filed a release of errors. The other defendants assign as errors, 1st. The want of proof of service of summons on the defendant Middlemass; 2d. Want of entry of the default of the defendants; 3d. Excess in the personal judgment against defendant Tutt, and its rendition without proof of the amount due; 4th. The foreclosure of their equity of redemption; and 5th. Want of any averment in the complaint of a presentation of the note for payment at the banking house in the City of Sacramento, where, by its terms, it is made payable.