Jurisdiction — Foreclosure — Bankruptcy — Practice.— The Court in which an action is pending, can not take judicial notice of proceedings in bankruptcy subsequently commenced, however seriously they may affect the rights of -the parties to the suit. It is the duty of the Court to proceed to a decree as between the parties before it, until by some proper pleading in the case it is informed of the changed relations of any of those parties to the subject-matter of the suit.

Id.—Id.—Id.—Id.—Pendency op Action.—A judgment in an action to foreclose a mortgage lien upon land, binds all the estate in the land which was held by the parties defendants to the action, at the commencement of the action, or which they or any of them may sell to a third person, pendente lite, with notice of the action; and purchasers pendente lite are estopped from questioning it, unless it was taken against them by the mistake, inadvertence, surprise, or excusable neglect of any of the defendants, to whose interest in the mortgaged premises they have succeeded; or unless it was taken by collusion or fraud.

Id.—Id.—Impeachment of Judgment fob Fbaud.—Judgments are impeachable for those frauds only which are extrinsic to the merits of the case, and by which the Court has been imposed upon or misled into a false judgment. They are not impeachable for frauds relating to the merits between the parties. The fraud must be fraud occurring on the procurement of the judgment, which was not known to the party at the time, and for not knowing which he is not chargeable with negligence.

Id.—Id.—Id.—Id.—Id.—Id.—Id.—S. & Co. mortgaged (by two mortgages) to M., the B. ditch and three others; and pending an action to foreclose (in which a notice of lis pendens had been filed), the title to the B. ditch became vested by mesne conveyances from the mortgagors in the S. C. & M. Co. The S. C. & M. Co. was adjudicated a bankrupt, and an assignment made of its property, including the B. ditch. M. presented a claim upon the two mortgages against the estate in bankruptcy, but afterwards on his petition it was ordered by the United States District Court that M. should have leave to foreclose; that the assignee should be made a party defendant to the foreclosure suit; and that before- proceeding to sell the B. ditch, the other ditches should first be sold. Afterwards, the B. ditch was sold by the assignee under the order of the United States District Court, subject to the mortgage of M., and the plaintiff became the purchaser. Afterwards in the foreclosure suit—-to which the assignee had not been made a party—it was stipulated by the parties that the judgment should be taken for the foreclosure of the B. ditch only, and the other ditches released, and judgment having been entered accordingly, M. became the purchaser under the foreclosure sale. In an action to vacate the sale and the judgment:

Held, that the plaintiff purchased of the assignee subject to the mortgages and with notice of the pendency of the suit to foreclose, and that the judgment was binding upon it.