Davis

In April, 1882, John E. Chalfant, the defendant herein, commenced an action against the plaintiffs herein (Davis and Jones) to foreclose a mortgage executed by Jones to Aaron Chalfant, and assigned to the plaintiff in that action. Davis was made a defendant therein as a purchaser of the mortgaged premises subsequent to the mortgage. Jones failed to answer, and his default was duly entered. Davis answered, and upon his answer alone the cause was tried, and the trial resulted in a decree for the plaintiff foreclosing the mortgage, entered July 21, 1882. From that decree and from an order denying a new trial, appeals were taken to this court; but because the undertakings on appeal were filed more than one month before the filing of the notice of appeals, the appeals were dismissed on the twenty-sixth day of January, 1885.

The object of the present action (commenced October 26, 1885) is to set aside and vacate the decree o.f foreclosure and the order denying a new trial of the action of Chalfant v. Davis and Jones, and to obtain a new trial of that action.

,The complaint, and exhibits thereto attached, occupy fifty-five pages of the transcript, the exhibits consisting of the…