Hernan

This is an appeal by the defendant Lillie B. Hernan from a decree foreclosing a mortgage. The original indebtedness was contracted by defendant M. H. Her-nan and secured by a mortgage of community property executed by Mm alone. Subsequently said Heman deeded the property to Lillie B. Heman, who was and is Ms wife. The indebtedness being extended from time to time was reduced to $1,175, and defendant M. H. Heman executed to plaintiff Ms promissory note for that amount, to secure which hoth defendants executed and delivered to plaintiff a mortgage of the same property described in the original mortgage and in the deed from M. H. Hernán to his wife, and then separately owned by her.

The note was not paid when it became due and this action was instituted, resulting in the decree complained of by appellant.

[1] Appellant attacks the finding of the court that the ■“ mortgage was made, executed, and delivered by defendants II. H. Hernán and Lillie B. Hernán, his wife, to plaintiff on the fifth day of December, 1913, at the time of the execution and delivery of the promissory note [executed by defendant M. H. Heman alone] described in plaintiff’s complaint, and ■as part of the same…