Soule

This appeal is taken from an order of the court below entered the fifteenth day of February, 1897, denying the motions of the appellants, said defendant Soule, and said Burt, a tenant in possession of said premises under the mortgagor Soule, to vacate and set aside a judgment and decree of foreclosure made and entered in said court on the 6th of April, 1896. The motion to vacate and set aside said judgment, as stated in the notice for the same, is based upon the ground that it “was and is absolutely void, for the reason that the said court never acquired jurisdiction over the premises described in the so-called decree, or any part thereof, or over the person of the defendant A. C. Soule in said action, who was the owner *71 in fee of the said premises, to give or make said so-called judgment or decree,” and that the right of Burt, the said tenant in possession of the premises described in the judgment or decree of foreclosure, is independent of and beyond the reach or control of said judgment or decree. The said judgment or decree of April 6, 1896, recites: “And due proof was made to the court, that the defendants, A. C. Soule, Grace IT. Soule, Alfred J. Rieh, W. J. Adams, San…