Barnhart

A motion is made to dismiss the appeal herein upon the ground that the notice of appeal was not served upon a codefendant of the appellant. *430 The motion is resisted by the appellant upon the ground that his codefendant is not an adverse party within the meaning of section 940 of the Code of Civil Procedure. The action was brought for the foreclosure of a mortgage given to the plaintiff by one E. C. Vancil, in the form of an absolute deed, but by way of security for the payment of certain claims and advances by the plaintiff. Prior to the commencement of the action Vancil died, and the defendant Edwards was appointed administrator of his estate. The plaintiff presented to the administrator a claim against the estate for the amount of money then due and unpaid for which the security had been given, which was rejected by the administrator, and thereupon the present action was brought to establish the amount of the claim, and for a sale of the mortgaged lands. Subsequent to the execution of the mortgage Vancil conveyed the mortgaged premises to the appellant, and for that reason he was made a party defendant. Issue was made upon the various allegations of the complaint, and the…