McDermot

This is an action for the foreclosure of a mortgage.

The cause was tried by the court, written findings signed, dated June 2, 1894, ordering a decree of foreclosure and sale of the mortgaged property.

A decree of foreclosure ordering, among other things, a sale of the mortgaged property by the sheriff of the county of Fresno (the county in which the action was pending and in which the mortgaged property was situate) was signed by the judge of the court and is dated June 2, 1894.

The findings and decree were not filed until June 16, 1894, and, it appears, although dated June 2d, were not in fact signed until June 16, 1894.

On the sixteenth day of June, 1894, the findings and decree were filed, and also an order appointing J. F. Church as a commissioner to sell the mortgaged premises in the manner provided by law for a sale of like property by a sheriff upon execution, etc.

*196 The order recites as follows: “ This being the day and hour set for presentment to the court of the findings and decree herein, for its examination and signature, due notice of the same having been given to all the attorneys for the defendants, the same were duly presented to the court, and after…