Huffman

This is an appeal from an order denying the defendants a new trial and from a judgment entered in favor of the plaintiff in an action to foreclose a mortgage executed by the defendants in the usual and ordinary form to plaintiff’s assignor, as security for the satisfaction of three promissory notes of the defendants aggregating the sum of seven thousand seven hundred dollars.

The notes contemporaneously with the mortgage were executed by the defendants to plaintiff’s assignor as payment for the difference due under the terms of an exchange agreement, wherein and whereby plaintiff’s assignor transferred to the defendants some forty acres of land situated near Clovis, ■Fresno County, in consideration of the notes and mortgage and the transfer by the defendants to plaintiff’s assignor of a five-acre orange grove, subject to a one thousand dollar mortgage situated near the town of Glendora, California. The defendants having defaulted in the payments due under the mortgage, plaintiff elected, as the mortgage permitted, to declare the whole debt due and payable, and accordingly instituted foreclosure proceedings. The defendants Knapp answering and cross-complaining admitted the making…