Kennard

This action was instituted to foreclose a mortgage executed by the defendants, George A. Binney and Jennie I. Binney, his wife. These defendants interposed a demurrer to the complaint -which was overruled and upon their failure to answer judgment by default was rendered against them. The transcript on appeal contains no copy of defendants’ demurrer, but it is conceded by each party to the action that it was a general demurrer. The complaint contained the following allegation: “That on the 22d day of March, 1912, this plaintiff and her husband, E. 0. Kennard, by grant deed for a consideration of twenty-five thousand ($25,000.00(5) dollars sold and delivered to George A. Binney and Jennie I. Binney his wife the herein mortgaged premises and certain water and water rights, which water and water rights were afterwards represented by and converted into thirty shares of the Glendora Consolidated Mutual Irrigating Company stocks of a value of three thousand ($3,000.00(5) dollars, and two shares of Cienega Springs stock with a value of two hundred ($200.00(5) dollars, and at the same time and place the said purchasers gave back a purchase money mortgage to said Flora H. and E. O. Kennard…