Campbell

— This is an action to foreclose a mortgage. Judgment and decree in favor of plaintiff, from which defendants appeal, the case coming up on the judgment roll.

1. The first point made is, that the court never acquired jurisdiction of the case, for the reason that the complaint was never filed in the court,— the indorsement thereon showing that the same was filed with the county clerk. This point is not well taken. The court will take judicial notice of the fact that the county clerk is ex officio clerk of the superior court. The complaint is entitled and indorsed in the superipr court of the county of Orange, and is also indorsed, “ Filed October 19, 1889. R. Q. Wickham, County Clerk.” If the indorsement had been signed simply “R. Q,. Wickham, Clerk,” it would have been sufficient. The placing of the word “county” before the word “clerk” was mere surplusage, and will not defeat the effect of the indorsement, iuas *200 much as it is a designation consistent with that of the ex officio office of clerk of the court.

2. It is claimed that the complaint contained no description or allegation showing that the property against which foreclosure is sought was situate within the…