Action Against Nonbesident—Jurisdiction of Person—Judgment in Rem.—In an action against a nonresident for the recovery of money, when there has been no personal service of process on the defendant within tho state in which the action is pending, and no appearance therein by him, no judgment can be given, other than one in the nature of or having the effect of a judgment in rem, against such property of the nonresident as may have been specifically attached in the action.

Attachment—Equitable Interest of Grantor of Trust Deed.—The right of a grantor under a trust deed to a reconveyance upon the payment of the indebtedness secured by the deed, or in case of default in its payment and a sale thereunder, to any surplus of the proceeds remaining after satisfaction of the debt so secured, constitutes an equitable interest in the land, which is subject to the lien of an attachment levied upon the land.

Id.—Equity of Redemption—Lien of Attachment Upon Surplus.—If before the sale of an equity of redemption, either under a decree of foreclosure or under a power, a valid attachment is levied upon the equity of redemption, tho attachment is a lien upon the surplus proceeds, which are thereby subject to be applied upon execution to the satisfaction of a judgment in favor of the attaching creditor in the action in which the attachment is issued.

Fraudulent Conveyance—Statute of Limitations—Rights of Creditor—Discovery of Fraud.—The statute of limitations does not begin to run against an action by a creditor to subject property fraudulently conveyed by the debtor, or the proceeds thereof, to the payment of an indebtedness due the creditor, until he has secured a judgment against the debtor upon which an execution may he issued; nor even then, if the creditor has not discovered the facts constituting the fraud.

Id,—Foreign Judgment Creditor—Suit in This State.—One who obtains a judgment in another state is not a judgment creditor in this state within the meaning of the rule which permits only judgment creditors to attack a conveyance made by the judgment debtor to defraud his creditors. The obligation created by the foreign judgment is one which cannot he enforced in this state without suit, and until a judgment is recovered upon it here, the person obtaining the foreign judgment occupies only the position of a creditor at large without any right to subject any specific property of his debtor within this state to the satisfaction of the obligation created by the foreign judgment.

Judgment—Res Adjudicata—Plea in Bar—Pendency of Action— Time for Appeal.—Where the time for appeal from a judgment has not expired, the action is still pending although no appeal has been taken therefrom, and the judgment cannot be pleaded in bar to a cause of action involving the same matters alleged in a cross-complaint in another action.

Id.—Ground of Continuance—Dismissal Notwithstanding Cross-complaint.—Though the former judgment cannot be pleaded in bar to another action or cross-complaint for the same cause while the former action is pending, yet the pendency of the action is good ground for a continuance of the later action until the former action is finally determined, and would he good ground for dismissal of the later action in which a cross-complaint is filed upon the same cause of action.