This is an appeal from an order of the trial court denying a motion by defendant and appellant Maurine Wissmath to vacate and set aside a judgment entered against her, which motion was based upon the grounds that the service of summons and complaint in said action was false and that no service whatever had been made upon her of the summons and complaint in said action; also extrinsic fraud alleged to have been practiced upon the court and that the court- had no jurisdiction to render the judgment and decree against the defendant as hereinafter mentioned.
It appears from the record that on September 16, 1926, defendant Seaboard Corporation executed a note in the sum of $3,250 to plaintiff, payable three years after date, with .the usual conditions for the payment of interest. Contemporaneous with the execution of said note there was also exe-1.
Default being made in the payment of interest and in the payment of taxes upon the mortgaged property, plaintiff commenced this action to foreclose the mortgage against the Seaboard Mortgage Corporation, Maurine Wissmath, Arthur J. Wissmath, and fictitiously named defendants. ' The defendant corporation appeared in the action, but its only allegation of denial which is material to the matter herein is that it alleges that defendant corporation admits that Maurine Wissmath is the owner of the property mentioned in plaintiff’s complaint.
The return of the summons shows that defendants, except those fictitiously named, were served as follows: Seaboard Mortgage Corporation, August 3, 1932; Maurine Wissmath, Los Angeles, August 3, 1932; Arthur J. Wissmath, August 3, 1932; the affidavit of service is made by one W. E. Malott. Default of defendants Maurine Wissmath and Arthur J. Wissmath for failure to appear was entered on’ August 15, 1932.
Decree of foreclosure was made and entered upon the complaint of plaintiff and of defaulting defendants September 22,.1932. By motion dated March 2,1933, defendant Maurine Wissmath moved the court to quash the service of summons, to set aside the judgment of default, and to vacate and set aside the judgment and decree rendered against her by the court in said action upon the grounds hereinbefore stated. This motion was heard upon affidavits and upon oral testimony.
A reading of the record in this case discloses to our minds that there is no merit in this appeal.
It is ordered that the order denying the motion appealed ' from be and the same is hereby affirmed.
Thompson, J., and Pullen, P. J., concurred.