Spaulding

Action to foreclose a mortgage brought originally by Alvinza Hayward (for whom plaintiff John Spaulding, as assignee of Hayward, was substituted) against J. W. Howard, one of the defendants, mortgagor. Succinctly stated the facts are: That said J. W. Howard on August 8, 1872, executed his note for four hundred and five dollars and forty-eight cents to one Joseph Hewitt, payable August 8, 1874, and secured by mortgage on lands in Lake county. The note and mortgage were assigned by Hewitt to Hayward November 4, 1875, long after" maturity. The assignment was in writing and was acknowledged, but was not recorded. . On December 9, 1876, Howard executed his note to defendants Ely and Griffin for four thousand seven hundred dollars, secured" by mortgage on the same and other lands. This note was due twelve months after date. Howard’s wife joined in the mortgage, which was recorded December 29, 1876. On February 12, 1878, Ely and *196 Griffin commenced action to foreclose their mortgage in the late district court of the sixth district, in and for Yolo county. In their action Howard and his wife and Hewitt (Hayward’s, assignor) were made defendants. Summons was duly issued and served, and…