Gleason

This action was brought to foreclose a mortgage executed by plaintiff to defendant Gleason upon certain land in California. The defendant, Charles Ingles, and a number of other persons were made parties defendant upon the general averment that they claim to have some interest in the mortgaged premises, which interest is averred to be subsequent and subject to the lien of said mortgage. Judgment by default was rendered against all of the defendants, and a decree of foreclosure entered in favor of plaintiff. Defendant Ingles appeals from the judgment. He also appeals from an order denying his motion to set aside his default and to be allowed to answer.

The appeal from the judgment is based entirely upon the judgment-roll, no facts aliunde the record being shown. Practically, therefore, appellant is in the same position as one attacking a judgment collaterally; that is, he contends that the judgment-roll does not show jurisdiction.

*248 The default of appellant was regularly entered; and the court found specially in the decree that he was duly served and made default. This finding—no facts appearing aliunde—is conclusive, unless there is something in some other part of the…