Craiglow

This is an action brought to recover the sum of two thousand one hundred dollars, with interest, upon a promissory note made, executed, and delivered by defendants to plaintiff, and for the foreclosure of a chattel mortgage executed by the defendants Williams to secure the payment of said note.

Summons and complaint were duly and legally served upon all defendants. Defendants Williams defaulted. The defendant Sterne interposed a demurrer to the complaint, which was overruled, after which he served and filed his answer herein. After entry of the default of the defendants Williams a decree of the court was entered wherein it was found that the defendants Williams were personally liable to the plaintiff for the principal, interest, attorneys’ fees, and costs of suit, and the mortgaged property was ordered sold and the proceeds thereof applied to the payment of said indebtedness. The property was accordingly sold, leaving a deficiency of balance still due the plaintiff of $1,796.70.

It will be observed that the plaintiff proceeded with the action, took judgment of foreclosure and made a sale of the mortgaged property without trying any of the issues raised by the answer of the…