Berger

Appeal by plaintiffs from a judgment and an order denying a new trial.

It is averred in the complaint that one Alexander, in 1902, executed to Horlock a note for $2,600, secured by chattel mortgage on certain household goods contained in the Hotel Catalina, in the city of Los Angeles; that thereafter, in 1903, plaintiffs purchased said property so described in the chattel mortgage and, in writing, assumed and agreed to pay the note executed by Alexander, and, in addition, made another note for $400, also secured by chattel mortgage on said property. That said notes remaining unpaid in 1906, defendant Horlock brought an action to foreclose said mortgages, to which action plaintiffs were parties defendant, and summons duly served. That after service of process, the attorney for Horlock notified plaintiffs herein that they were made par ties defendant in the foreclosure as a matter of form, and that it was not the purpose of plaintiff to pursue them or look to them for any portion of the claim; that they could realize sufficient out of the sale of the property to satisfy the claim, and plaintiffs herein need give themselves no uneasiness about the suit. That when said…