Harris

Plaintiff isa corporation, whose principal place of business is the city and county of San Francisco, and commenced the present action for the foreclosure of a mortgage that had been assigned to it. The mortgage was executed October 18, 1888, upon lands which were situated in that portion of the county of Fresno which was afterward included in the county *135 of Madera. The complaint was filed in the county of Madera September 6, 1893, and on April 25, 1884, the defendant Harris filed an amended answer, in which he set up as a separate defense “ that said plaintiff did not file in the office of the county clerk of the county of Madera its articles of incorporation, a certified copy of its articles of incorporation, and a certified copy of the copy of its articles of incorporation, as required by section 299 of the Civil Code, prior to the sixth day of January, 1894.” The cause was tried by the court, and judgment rendered in favor of the plaintiff. Upon the matter set forth in the foregoing defense, the court made findings in the same terms as it was pleaded. The defendant has appealed upon the judgment-roll, and urges in support of his appeal that, inasmuch as the plaintiff had…