Whitney

Action to foreclose a mortgage in which C. J. Beauvais was made a party defendant on the ground that he “ has or claims to have some interest in, or lien upon,” the mortgaged premises, as purchaser, mortgagee, judgment creditor, or otherwise, but which, whatever it maybe, is subject and inferior to the lien of said mortgage. Judgment by default was entered against all the defendants on October 14, 1892.

On November 10,1893, C. J. Beauvais, alone, "moved the court for an order setting aside and vacating the judgment and decree so far as the same refers to or concerns and so far as the same affects his interest in the property described in the judgment. The ground of the motion is, not that summons was not duly served *234 on Beauvais, but “ that the papers on file and records in said action fail to show that he was ever served with summons in said action.”

It appears that the court ordered summons to be served on Beauvais by publication; and the judgment-roll contains a proper affidavit for such publication, in which it is stated that the residence of Beauvais was then at Phoenix, in the territory of Arizona. The judgment-roll also contains an order for such publication, in…