Dodge

-This is an appeal from an order denying a motion to vacate and set aside a default and judgment, and to permit defendant to plead to the complaint in the cause.

The action was brought in the district court of Humr boldt county, July 8, 1876, to foreclose the interest of the defendant in certain land purchased by him of the state, and to annul the certificate of purchase issued to him therefor, on the ground of delinquency in the payment of interest.

A summons was issued July 10, 1876, which, on March 24, 1877, was returned with a certificate of the sheriff of San Francisco, in due form, showing that on the day last mentioned he personally served said summons upon the defendant, W. W. Dodge, in the city and county of San Francisco, by delivering to said defendant a copy *489 thereof, attached to a certified copy of the complaint in said action therein named.

Defendant failed to answer the complaint, and in due time his default for want of an answer was duly entered, and on the twelfth day of July, 1877, a decree was entered, foreclosing all his right, title, and interest in and to the land described in the complaint, and annulling the certificate of purchase, etc.

On the…