Ludy

The plaintiff brought this suit to foreclose a a mortgage upon certain lands situated in Glenn County given by the defendants I. G. and Mattie B. Zumwalt to plaintiff to secure the payment to the latter of a promissory note, dated January 13, 1920, for the sum of $42,601.30.

The complaint is in the usual form in foreclosure proceedings. It. alleges, however, that the appellant Western Canal Company and certain other parties “have, or claim to have, or assert, some interest in or claim upon said mortgaged lands and premises, or some part thereof, the exact nature of which is unknown to plaintiff, and for said reason she cannot allege or state the nature thereof, hut she alleges that all of said liens, claims or interests of any of said defendants are subsequent to and subject to the lien of plaintiff. ’ ’

The Zumwalts answered, denying that the note “is now due” and also the allegation of the complaint, which accords with a provision of the mortgage in that respect, that two per cent of the amount found due as principal and interest on said note “is a reasonable amount for attorney’s fee in the foreclosure of said mortgage,” and setting up “a separate defense” to the effect that,…