1. Mortgages (§ 408*) — Foreclosure—Default—'Waiver.

Where a mortgagee's assignee was entitled to foreclose at any default, the fact that he did not elect to foreclose on the first default did not. prevent a foreclosure after the third default. s

[Ed. Note. — For other cases, see Mortgages, Dec. Dig. § 408.*

Foreclosure in federal courts, see note to Seattle, L. S. & E. Ry. Co. v. Union Trust Co., 24 €. C. A. 523.]

2. Mortgages (§ 414*) — Foreclosure—Default—Notice.

A mortgagee's assignee, being authorized to foreclose on Ihe mortgagor’s default, was under no obligation to notify the mortgagor of his intention to do so before beginning suit.

[Ed. Note. — For other cases, see Mortgages, Dec. Dig. § 414.*]

3. Process (§ 96*) — Service by Publication — Affidavit.

An affidavit for service by publication, alleging that defendants were nonresidents, and not to be found within the state, that on due inquiry •and diligent search their address was ascertained to be No. 215, West 325th street, New York, was sufficient to sustain an order for the publica^ tion of summons.

[Ed. Note. — For other cases, see Process, Cent. Dig. §§ 308-320; Dec. Dig. § 96.*]

4. Mortgages (§ 49(>:) — Foreclosure—Decree—Vacation--Frau».

Where process in mortgage foreclosure was served by publication, allegations of a bill to set aside the decree that the affidavit for publication falsely staled complainant’s post-office address, but failing to charge what her true address was, and not alleging that the address given was not that of her husband, and an allegation that the mortgagee's assignee made no search or inquiry for the complainant’s post-office address, though he could easily have ascertained the same, hut failing to allege that he knew such address, was insufficient to show fraud.

[Ed. Note. — For other cases, see Mortgages, Dec. Dig. § 496.*]

5. Mortgages (§ 496*) — Foreclosure-Decree—Vacation'—Mistake.

That a mistake was made as to the residence of a defendant in a suit to foreclose a mortgage, who was served by publication, is not ground for vacating the decree.

[Ed. Note. — For other cases, see Mortgages, Dec. Dig. § 496.*]

6. Mortgages (§ 440*) — Foreclosure—Process- -Service by Publication.

In proceedings to foreclose a mortgage, it is not necessary that a nonresident defendant: shall have had actual notice; it being sufficient that the statute relating to service by publication was complied with.

[Ed. Note' — For other cases, see Mortgages, Cent. Dig. §§ 1304, 1305; Dee. Dig. 440.*]

7. Mortgages (§ 496*) — Foreclosure—Decree—Vacation—Bill.

In a suit to set aside a foreclosure decree for fraud, plaintiff's allegation that the mortgagee's assignee might have ascertained plaintiff’s residence and given her actual notice is not sufficient to show fraud when it also shows that the mortgagee’s assignee's affidavit for-service by publication distinctly stated the contrary, and on its face exhibited diligence iii making search and inquiry, and the bill further affirmatively discloses absence of motive for withholding from the mortgagors knowledge of the pendency of the suit.

[Ed. Note.- — For other cases, see Mortgages, Dec. Dig. § 490.*]

8. Mortgages (§ 440*) — Foreclosure—Process—Fraud.

Tliat a mortgagee’s assignee who sued to foreclose was a member of an art association to which the mortgagor belonged, and was in correspondence with members of the association, from_ whom he could have easily ascertained the mortgagor’s address, and given her actual notice of his intent to foreclose, did not show fraud in his failure to do so, and in his obtaining service by publication.

■ [Ed. Note. — For other cases, see Mortgages, Dee. Dig. § 440.*]

9. Judgment (§ 407*) — Vacation—Remedy at Daw.

Where complainant had notice of a mortgage foreclosure suit in time to have moved the state court to set it aside under a state statute providing that a defendant against whom a judgment is taken on service by publication may on good cause shown, and on proper terms, he allowed to defend within a year after judgment, she was bound to apply for relief thereunder as a condition to her right to sue in equity in a federal court to set aside the decree.

■ [Ed. Note. — For other cases, see Judgment, Cent. Dig. §§ 768-774; Dee. Dig. § 407.*]

10. Equity (§ 219*) — Eaches—Demurrer.

Where a 'bill without the aid of inference discloses laches and no valid excuse for the delay, it is demurrable.

[Ed. Note. — For other cases, see Equity, Cent. Dig. § 498; Dee. Dig. § 219.*]

11. Mortgages (§ 496*) — Foreclosure—Decree—Vacation—Daches.

Where complainant knew of a foreclosure decree against her, based on service by publication, immediately after October, 1898, and on July 1, 1902, had actual notice of the sale, but took no steps to redeem or have the decree set aside until June, 1907, her right to do so was barred by laches.

• [Ed. Note. — For other cases, see Mortgages, Dee. Dig. § 496.*]

12. Equity (§§ 77, 78*) — Daches—Excuse.

It was no excuse for complainant’s laches in failing to promptly sue to set aside a foreclosure decree that she was without means or a resident of a distant state.

[Ed. Note. — For other eases, see Equity, Cent. Dig. §§ 230, 238; Dec. Dig. §§ 77, 78.*]

13. Equity (§ 87*) — Daches—Following Statute of Dimitations.

Delay which will bar relief in equity is not necessarily measured by the statute of limitations, but may be for a much shorter period, depending on the peculiar circumstances in each case, involving a consideration of whether one of the parties or an important witness has died since the trial, and important testimony lost, whether the property involved is largely increased in value, or whether it has been sold to a third person.

[Ed. Note. — For other cases, see Equity, Cent. Dig. §§ 242-244; Dec. Dig. § 87.*]