Ewing

This is an appeal by defendant Rich-vale Land Company from a deficiency judgment entered by the clerk of the superior court on the coming in of the commissioner’s return in an action to foreclose a mortgage executed by appellant to' plaintiff.

It is alleged in the complaint in the action: That the defendant company executed and delivered to plaintiff two certain promissory notes each for $4,593; that plaintiff is the owner and holder of said promissory notes, neither of which, nor any part thereof except certain interest on one of said notes, has been paid; that to secure payment of said notes defendant company executed and delivered to plaintiff its mortgage on certain described land, describing it, which was duly acknowledged and recorded; that defendant Jones claims some interest in said land, but that such interest is subordinate to said mortgage; that by the terms of said mortgage a reasonable attorney’s fee was allowed for the foreclosure, should foreclosure become necessary.

Upon the foregoing averments the prayer of the complaint is: That plaintiff have “judgment against defendant [Rich-vale Land Company] in the sum of”—stating the amount of each note together with…