Moore

This is an action for the cancellation of a certain note and mortgage, alleged to have been made, executed, and delivered by plaintiffs to defendant Strayer, on the ground “that the said mortgage and note were made without any consideration and are void; no money or other property of value was ever paid to or delivered to these plaintiffs for the consideration of said mortgage.”

Defendant’s answer denied all the material allegations of plaintiffs’ complaint, and alleged that two thousand dollars had been paid by defendants to plaintiffs through Jas. H. Gaut Company, of Pasadena, California, that plaintiffs had thereafter made three payments of interest on the note, and that the plaintiff R. A. Moore had himself indorsed two of said interest payments thereon. Defendant Strayer—being the only answering defendant—also filed a cross-complaint setting up in the usual form the execution and delivery of said note and mortgage, and the default thereon made in the payment of interest, and that he had elected to declare the whole sum due, praying for a foreclosure of the mortgage. Plaintiffs thereafter filed their answer to the cross-complaint, setting forth substantially "the same…