Rees
Rees v. Vieira
Opinion
Lead Opinion
Hart, J.
Plaintiff brought this suit to enforce the payment of a promissory note for the sum of $7,850, executed jointly by Eugene Joseph Wiegand and his wife, Mary Agnes Wiegand, in favor of Irrigosa Land Company, and, to that end, to obtain a decree foreclosing a mortgage at the same time given by the makers of said note on a tract of land, situate in Madera County, and containing 123% acres, to secure the satisfaction of said obligation. The case was tried on the complaint and the amended answer thereto. The action was dismissed as to certain of the defendants, some of whom were fictitiously named in the complaint. Upon general findings in favor of the plaintiff, judgment was entered against the remaining defendants, W. S. Vieira, A. Manaschian, Paul C. Manoogian, and K. P. Michaelian, for the principal sum ($7,850), together with accrued interest in the sum of $1,442.50 on the principal sum, the two aggregating, in amount, the sum of $9,292.50, and also foreclosing the said mortgage and ordering the sale of the mortgaged property.
This appeal is by the defendants, W. S. Vieira and his wife, Mamie A. Vieira, from the judgment, on the judgment-roll alone.