Clark v. Palmer

This action was brought in the county of San Diego by Clark against Eliza M. Palmer, Douglas Gunn, and C. E. Johnson to foreclose a mortgage executed by Eliza M. Palmer to secure the payment of her promissory note to the plaintiff for the sum of five thousand dollars and interest. The ground upon which Gunn and Johnson were made parties defendant is expressed in the complaint, as follows: “That Douglas Gunn and Charles Edward Johnson have, or claim to have, some interest in or claim upon said premises as mortgagees or otherwise, which claims or interest were acquired by them subsequent to the mortgage of plaintiff.”

*506 No relief is asked affecting Gunn and Johnson, except that plaintiff’s mortgage be first satisfied from the proceeds of a sale of the mortgaged property.

The summons, with a copy of the complaint, was served on Gunn in said county. The summons contained the following notice: “ And you are hereby notified that if you fail to appear and answer the said complaint as above required, said plaintiff will take judgment against you for the relief demanded in his complaint.”

The summons also contained a specific statement of the nature of the action, and of Gunn’s…