Rea

This is an action to foreclose a mortgage upon certain real property, executed by the defendant, Albert Haffenden, to secure payment of his promissory .note for seven thousand dollars. The complaint alleges that the other defendants have or claim some interest in or liens upon"the mortgaged premises, which interests, claims, and liens are all subsequent and subordinate to the lien of plaintiff’s mortgage.

Defendant Haffenden suffered his default to be entered. The other defendants ' by their answers admit the execution of the note and mortgage set out in the complaint, and that they respectively have and claim interests in and liens upon the lands described, but deny that their said interests, claims, or liens, or any of them, are subsequent or subordinate to the lien of plaintiff’s mortgage, and allege that the said mortgage is inoperative and void as against them, and each of them, for the reason that prior to the commencement of this action they never had any notice thereof, actual or constructive. They also further allege that plaintiff’s cause of action is barred by section 337 of the Code of Civil Procedure.

Upon the issues thus raised the case was tried, and the court…