Lauer

This is an action for the foreclosure of a mortgage executed by the defendant, C. O. Williams, to the plaintiff, to secure the payment of a promissory note made and delivered to the plaintiff by said Williams.

The defendant, Harter, although duly served with process, did not answer the complaint or otherwise make an appearance.

The findings were in favor of the plaintiff. As to the defendant, Harter, the court found that he had, subsequently to' the execution of the mortgage, purchased the premises described therein and in the complaint, and that the “claim and interest of the said J. P. Harter in and to the said real estate, and each and every part thereof, are subsequent and subject to the lien of plaintiff’s said mortgage.”

By the decree entered upon the findings the mortgage was foreclosed and a sale of the mortgaged premises by the sheriff for the purpose of satisfying the amount due on the note to secure which it was given was ordered and directed.

This appeal is by the defendant, Williams, from said decree or judgment, and is supported by a bill of exceptions.

The appellant contends: 1. That the plaintiff cannot main-, tain this action for the alleged reason that he is…