Crim

— April 23, 1877, Carrie A. Beach commenced an action in the late twelfth district court, upon a promissory note executed by the appellant, and to foreclose a mortgage on certain real property given to secure the payment of the same. May 20, 1882, the cause was tried upon the complaint and the answer of the appellant before Hon. J. M. Allen, who on the same day announced his decision, w'hich was thereupon entered in the minutes of the court, but findings were not filed until December 29, 1882. The term of office of Judge Allen expired December 31,1882, and on January 10,1883, the court made an order nunc pro tunc as of March 20, 1882, that “ Samuel Crim, the successor in interest of the plaintiff herein, be and he is hereby substituted as the plaintiff in this action, and that this action continue in his name as such plaintiff, in the place and stead of Carrie A. Beach, plaintiff therein.” September 28, 1883, a judgment of foreclosure and for the sale of the mortgaged premises, signed by Hon. J. F. Sullivan, judge of said court, was entered of record in the cause. On the same day an order of sale was issued upon said judgment, under which the sheriff sold the mortgaged premises,…