Porter

This is an appeal by the defendant, the Lassen County Land and Cattle Company, from an order of the court below denying its motion for a new trial. With the final submission of the case here there was also submitted a motion by the respondent to dismiss the appeal upon the ground that the defendant George K. Porter was not served with notice of appeal. In our opinion, the motion to dismiss the appeal should be granted. The action was brought by the plaintiff, B. F. Porter, to foreclose a mortgage executed to him by the corporation defendant on the twenty-eighth day of January, 1893. The said George K. Porter was made a party defendant, it being averred in the complaint that he claimed some interest in the lands and premises mortgaged, which, it was alleged, was subsequent and subordinate to the mortgage of plaintiff. George K. Porter filed an answer, in which, after denying certain averments of the complaint as to the nonpayment of certain amounts due on plaintiff’s *184 mortgage, he averred that subsequent to the date of plaintiff’s mortgage, to wit, on January 22, 1894, the said corporation defendant executed to him a mortgage upon the property described in the complaint, as…