Mathews

In this action plaintiffs sought a decree foreclosing a mortgage made and executed by Frank 0. Wilson to secure the payment of a promissory note in the sum of ten thousand dollars given by him to Maud T. Taylor and Minna Jantzen.

Judgment' went for defendants; whereupon plaintiffs moved for a new trial, which the court denied, and they appeal from such order.

Stripped of surplusage and matter which can have no bearing upon the merits of the case, the complicated record discloses the following facts which, in considering the appeal, we deem pertinent to the controversy:

On May 5, 1909, Mrs. Taylor, since deceased, and for whom, as defendant, Nelle Bromley, her administratrix, has been substituted, was the owner of the land thereafter made the subject of the mortgage, and desiring to sell or exchange it, she appointed Christian Jantzen as agent to negotiate such sale or exchange, and at his request conveyed the land to his wife, Minna Jantzen, as trustee. Thereupon Christian Jantzen effected an exchange of the property with Frank 0. Wilson, to whom he caused it to be conveyed by Minna Jantzen, and as a part of the consideration therefor said Wilson executed his note to Maud T.…