Lewis

Motion to dismiss the appeals.

This action was brought for the foreclosure of a mortgage executed to the plaintiff by the defendant Lewis. The Santa Cruz Rock Pavement Company was made a defendant under an allegation that it claimed some interest in the mortgaged lands, and filed an answer setting forth its claim of lien. Judgment was rendered in favor of the plaintiff for the amount of its claim, and also in favor of the pavement company, and directing a sale of the mortgaged premises and the application of the proceeds to the payment of the plaintiff’s claim, and the surplus, if anjr there be, to the payment of the claim of the pavement company. Thereafter J. D. Boyer, claiming to have succeeded to the interest of the mortgagors in the land by conveyance from them subsequent to the commencement of the foreclosure suit, served upon the attorneys for the plaintiff, and for the pavement company, a notice of motion to vacate the judgment. It does *521 not appear whether the mortgagors, or either of them, were served with this notice, or were before the court upon the bearing of the motion. This motion was denied, and from this order Boyer has appealed. The notice of appeal is…